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BOUNTIFUL, Utah (AP) — A Utah judge is refusing to throw out rape charges against a Kaysville teacher accused of having a sexual relationship with a student.
Second District Court Judge Thomas Kay on Tuesday scheduled a Sept. 15 trial for 34-year-old Brianne Altice.
The Standard-Examiner of Ogden reports (http://bit.ly/1kmDRs2) that attorneys for the former English teacher at Davis High School argued the three counts of rape and one count of sodomy should be dismissed.
Altice's attorney Ed Brass said his client didn't use her position as a teacher to persuade the teen into having a sexual relationship. He says she succumbed to the student's frequent flirting.
Under Utah law, a victim cannot consent to sex if the other person is in a position of special trust.
Altice was fired from Davis High School in February.
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Information from: Standard-Examiner, http://www.standard.net
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