A Utah judge has thrown out a motion to waive criminal proceedings against former Utah teacher, Brianne Altice, 34 who told the court after sexually engaging with her 16 year old student that she was in fact the real victim.
During proceedings, Altice would claim she was the real victim on account of the 16 year old boy who was resolute in having sex with her had ‘worn down her defenses.’
Lawyers for Brianne Altice had asked presiding Judge John R. Morris to throw out three counts of first-degree felony rape and one count of first-degree felony forcible sodomy against the teacher on Tuesday.
They say the boy admitted he set out to have sex with Altice and that it was therefore legally consensual. It is illegal in Utah for a teacher or anyone in a position of power to have sex with a person under 18.
Told defense lawyer Edward Brass: ‘She repeatedly refused and declined his advances until he ultimately broke down her resistance.’
‘The state failed to establish probable cause to believe that the intercourse that occurred was without consent.’
That said the judge declined the motion, instead setting a September trial date.
Which is to say Altice’s legal team wanted to remind the courtroom that only women are sexually exploited and preyed on by men, never mind when a female teacher decides to sexually engage with one of her students or a child, an explicit no crossing of the boundaries that the teacher sought to justify using feminist logic that she was the one being unfairly exploited, the unspoken qualifier being the sex she would be giving up.
Things came to a head when a 16-year-old boy told investigators in last November that he had had sex with Brianne Altice on three occasions in 2013 and testified to that fact at a preliminary hearing in February.
According to the Standard-Examiner the teen said in the preliminary hearing that he was upset because his family had moved to Utah from another state.
He said he was having problems and home and doing drugs and that he would skip class to hang out with Altice.
Soon a sexual relationship began after an initial encounter in a church parking lot, he said.
The teen was allegedly able to accurately describe the layout of Altice’s home to detectives as well as tattoos on her body.
Altice’s husband filed for divorce shortly after his wife’s arrest. It was finalized in December.
‘The defendant occupied a position of special trust in relation’ to the juvenile, prosecutors wrote.
Altice came to be originally arrested in October, believed to have had sex with a 16-year-old on many occasions, including at her South Weber home and at a park in addition to the church parking lot, a Davis County Jail report states.
Police have said there may be other potential victims.
Altice was only hired by the high school last August, but had previously worked for other schools in the district since 2004.
‘Anytime a story surfaces like this … I think it all causes us concern because these are members of the community that are held to a higher standard,’ district spokesman Chris Williams told Deseret News.
Altice is the fourth Utah teacher currently facing charges of sexually abusing children.