Knoxville, TN – A woman convicted of repeatedly raping a 14-year-old boy has asked the court to toss out a $2 million lawsuit the victim has filed against her, claiming he was a “willing participant” during their sexual encounters, according to her attorney.
Kelsey McCarter, 29, was convicted of six counts of statutory rape by an authority figure and one count of exploitation of a minor by electronic means in 2017, the Knoxville News Sentinel reported.
She is currently serving a three-year prison sentence.
According to court records, McCarter met the victim while her husband, Justin McCarter, was working as the assistant football coach at South-Doyle High School.
The victim and his older brother, both of whom played football for the school, moved in with the McCarters in July of 2014.
According to the teens’ single mother, she agreed to allow her sons to live with the coach and his wife after they began skipping school and sneaking out of her house.
The first sexual assault occurred in July of 2015, just before the victim turned 15 years old, according to the lawsuit.
While her husband was outside washing the car, McCarter, who was then 25 years old, performed oral sex on the victim.
She later engaged in sexual activities with the teen behind a Taco Bell, in a Dollar Tree parking lot, in her vehicle, and in the couple’s home, according to court records.
In August of 2015, Justin told the teen he and his wife were having marital troubles, and that both boys needed to move out.
According to the lawsuit, McCarter also had sex with the victim that day.
The couple denied that Justin had any knowledge of the sexual encounters between McCarter and the boy, but the victim’s lawsuit alleged that he either knew about what was occurring or that he suspected it.
McCarter allegedly sexually abused the teen on five additional occasions after he moved out.
In October of 2015, McCarter convinced her husband to allow the teen to move back into their home, but he soon moved out again after being kicked off of the school’s football team.
Although he moved back in with his mother and changed schools, McCarter continued to pursue him, and sexually abused him several more times between October of 2015 and January of 2016, when the teen posted a nude photo of her onto social media.
The photo was passed on to school officials, who contacted the police, the New York Post reported.
McCarter was subsequently indicted, and her husband resigned from his position.
Her attorney, Doug Trant, argued that because the teen allegedly wanted to have a sexual relationship with McCarter, he was not the victim of sexual abuse and is not entitled to damages, the Knoxville News Sentinel reported.
“It was reasonable for Ms. McCarter to believe that [the boy] desired to be involved sexually with her and that he willingly participated in their sexual relationship,” Trant’s motion read.
“By [the boy's] own admission in the complaint, he continued to ‘submit’ to the sexual contacts with Ms. McCarter because he wanted to return to live with the McCarters,” the motion continued. “[He] desired and maintained the sexual relationship with Ms. McCarter in order to derive a personal benefit — initially to extend his stay at the McCarters’ residence and then to ensure his return therein.”
Justin’s attorney, Julia Trant, still maintains her client had no idea his wife was raping the boy.
“Plaintiff’s complaint represents a profound example of the well-known proverb ‘no good deed goes unpunished,’” the attorney’s motion read.
A hearing regarding the motion to dismiss the teen’s $2 million lawsuit is scheduled for Dec. 20, the New York Post reported.