Married Teacher Who Had Sex W/16-Year Old Student Claims She's The Victim Because He "Wore Down Her Defenses" [Video/Pics]

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34-year old former teacher Brianne Altice and her attorney, Edward Brass, appeared in Utah's 2nd District Court on Tuesday, June 3, to file a motion to dismiss the charges against her of three counts of first-degree felony rape and one count of first-degree felony forcible sodomy.

Altice is accused of having sex with a 16-year old male student multiple times between January and September 2013.

"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."

The attractive teacher first had sex with the boy before class at Davis High School in Kaysville in a church parking lot. Additional hook ups occurred at the teacher's home.

The student, now 17, was able to tell investigators about tattoos on Altice's body and the layout of her home. In Utah it is illegal for a teacher or anyone in a position of power to have sex with a person under 18.

Judge Thomas Kay denied the motion to dismiss and set a trial date for September 15.

Altice was on administrative leave from the high school, but was terminated in February. Her husband filed for divorce and custody of their child in December.