Pines said Parkman's case may benefit from the law change, since "it proves that the legislation was defective to begin with."
Former Marietta High School teacher Christopher King, who was charged during the same time frame as Parkman, was found not guilty of sexual assault charges stemming from a consensual relationship with a 17-year-old student.
Head nevertheless forged ahead with prosecuting Parkman, saying that he believed a jury should decide if consent is a valid defense. The parents of the student have said Parkman groomed her for a relationship and threatened to lower her grades when she tried to extricate herself from their four-month affair.
"One of the issues you have to look at is the psychology of the relationship between a student and a teacher," Head said. "Even though you may say yes, as a student do you really mean yes? Or is it because you've been coerced by that dominion that is over you?"
A separate issue in the case is the felony sodomy charges against Parkman, which allege that he and the student had consensual oral sex in public places on four occasions. His lawyer has filed a motion asking for the charges to be dismissed because he argues that Georgia's sodomy laws are unconstitutional and overly punitive. Additionally, Pines says that if his client is charged with sodomy, the student should likewise be prosecuted.
Head said that "sometimes prosecutors don't charge a co-defendant so they can call them as a witness."