A Utah judge refused to drop charges against a former high school teacher who is accused of an inappropriate sexual relationship with a teenage student.
Brianne Altice, 34, is faces three counts of rape and one count of forcible sodomy after prosecutors said she had a months-long sexual relationship with the boy, which ended in September 2013 after a tipster went to police.
Altice pleaded not guilty in February.
Her lawyer, Edward Brass, filed a motion to dismiss the charges Tuesday, claiming that the state hadn't proven that Altice had a position of trust and used it to exert "undue influence" over the boy, who was 15 when the alleged relationship began.
Brass also argued that the boy was the aggressor in the case, writing that the boy pursued Altice and preyed on her kindness, according to KSL.
The Salt Lake Tribune reports:
"She repeatedly refused and declined his advances until he ultimately broke down her resistance," Brass wrote. "...The state failed to establish probable cause to believe that the intercourse that occurred was without consent."
A judge denied the motion after hearing arguments Tuesday morning. Altice is due back in court Aug. 8. Her trial is set for Sept. 15.
Court documents state that Altice and the boy, who is now 17, allegedly had sexual contact several times between January and September 2013.
Investigators said Altice and the student also had sex in a park in Kaysville at least once. Police said that the boy was able to accurately describe tattoos on Altice's body, and confirmed the layout of her South Weber home, according to the Deseret News.
Police said Altice admitted to having sex with the boy on two occasions.
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