GORDON COUNTY, Ga — An attorney for one of three former Calhoun High School students indicted for sexually assaulting a female classmate told Channel 2 Action News his client did nothing criminal, and that any sexual activity between him and the alleged victim was consensual.
"The stories we are getting from other people there, not just our client, is that she engaged in this consensually. And there's been no research into what happened earlier in the evening as well," said attorney Jesse Vaughn.
Vaughn represents Avery Johnson. Johnson, 18, along with Fields Chapman and Andrew Haynes are accused of aggravated sexual battery against an 18-year-female classmate during a post-prom party at a cabin in Ellijay on May 10. The Gilmer County Sheriff said nearly 30 students attended the unsupervised party and many were drinking alcohol.
The attorney told Channel 2's Tom Regan that a key impartial witness was not asked to testify before the grand jury.
"We know of at least one young man, who they have taken statements from on a couple of occasions, and his statements have always been, according to his counsel, he was in the room when this happened and she was awake and all of this was consensual," said Vaughn.
The defense suggested that the victim possibly changed her story to save herself from embarrassment.
"It could be everything from remorse to regret. The initial report police gave said she was intoxicated and wasn't sure what happened. That may be the case. She may not know what went on," said Vaughn.
Regan contacted Johnson's father, who declined to comment on direction of his lawyer.
The three accused teenagers are free on bond.
The date of their next court appearance has not been set.
WSBTV
