The attorney asserts that although she was the boy's teacher, the state didn't prove that she had the ability to influence him in an undue manner. He claims that the student was the aggressor, according to one document.
The teacher has acknowledged that she had sex with the student twice between January 2013 and September 2013. The boy testified that he had a drug problem and was unhappy about his family's move to Utah. He says that the two met in a church parking lot to have sex the first time.
The teacher still has her teaching license, according to a spokesman for the Office of Education. No action will be taken until the resolution of her rape case. She doesn't work at Davis High School any longer, however.
Based on a Utah Supreme Court 2013 ruling, several cases have seen charges reduced from first-degree felonies like this woman's to lesser charges. The Supreme Court ruling says that prosecutors have to prove that the defendant was in a position of authority over the victim. It also says that the defendant must have the ability to "exercise undue influence" over the victim. This woman's attorney says that wasn't the case.
Facing sex charges is difficult for any adult. That difficulty is increased for teachers who are charged with sex crimes involving students. Anyone facing these types of charges should make sure they understand the Utah laws applicable to their case.
Source: Standard-Examiner, "Altice's attorney files a motion to dismiss rape charges" Loretta Park, Apr. 22, 2014