Second teen boy accuses Utah English teacher, 35, of having sex with him

  • Brianne Altice, 35, was a teacher at Davis High School in Kaysville, Utah
  • New charges now laid for alleged sex with second teenager, aged 17
  • She has been charged with rape after police investigated three counts of unlawful sexual activity with a minor
  • The teen was able to accurately describe her tattoos to police and layout of her home
  • 16-year-old boy admitted to investigators he had sex with Altice at least three times in 2013

By Corey Charlton

A 35-year-old Utah high school teacher accused of having sex with a 16-year-old student is now facing allegations of sleeping with a second teenager.

Brianne Altice's September trial for three counts of rape and one of forcible sodomy has been delayed after prosecutors laid a further charge of each, claiming she also slept with a 17-year-old.

A court heard in June how the former teacher claimed she was the victim because the first boy 'wore down her defenses' and her lawyer's request to throw out the charges was dismissed.

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Brianne Altice, 34, says she is the victim and was seduced by a 16-year-old student. She has pleaded not guilty to rape charges

Brianne Altice, 34, says she is the victim and was seduced by a 16-year-old student. She has pleaded not guilty to rape charges

Altice sobbed as she left court after a judge set a trial for September

Altice sobbed as she left court after a judge set a trial for September

According to KSL, the charges show Altice held a position of 'special trust' with both minors.

Her lawyers claimed the 16-year-old 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.

 

'She repeatedly refused and declined his advances until he ultimately broke down her resistance,' defense lawyer Edward Brass claimed, according to the Salt Lake Tribune.

'The state failed to establish probable cause to believe that the intercourse that occurred was without consent.'

However, Judge John R. Morris threw out the motion - saying that there was probably cause they try Altice. He set a September trial date.

The statuesque blonde former English teacher at Davis High School in heavily Mormon Kaysville, Utah, sobbed as she left court with her family.

The 16-year-old boy told investigators in last November that he had had sex with 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.

Former Davis High School English teacher Brianne Altice appears in Second District Court Thursday, Feb. 27, 2014, in Farmington, Utah. Atlice, 34, pleaded not guilty to three counts of rape in connection with allegations she had a sexual relationship with her 17-year-old former student. (AP Photo/Standard-Examiner, Briana Scroggins) TV OUT; MANDATORY CREDIT
Former Davis High School English teacher Brianne Altice appears in Second District Court Thursday, Feb. 27, 2014, in Farmington, Utah. Atlice, 34, pleaded not guilty to three counts of rape in connection with allegations she had a sexual relationship with her 17-year-old former student. (AP Photo/Standard-Examiner, Briana Scroggins) TV OUT; MANDATORY CREDIT

Fighting it: Altice pleaded not guilty to three felony counts of raping the 16-year-old. But the boy told police they had sex multiple times in 2013 before her October arrest and that their first sexual encounter was in a church parking lot

Former Davis High School English teacher Brianne Altice appears in Second District Court Thursday, Feb. 27, 2014, in Farmington, Utah. Atlice, 34, pleaded not guilty to three counts of rape in connection with allegations she had a sexual relationship with her 17-year-old former student. (AP Photo/Standard-Examiner, Briana Scroggins) TV OUT; MANDATORY CREDIT
Former Davis High School English teacher Brianne Altice appears in Second District Court Thursday, Feb. 27, 2014, in Farmington, Utah. Atlice, 34, pleaded not guilty to three counts of rape in connection with allegations she had a sexual relationship with her 17-year-old former student. (AP Photo/Standard-Examiner, Briana Scroggins) TV OUT; MANDATORY CREDIT

Poised: The 34-year-old Utah woman no longer teaches at the school. Her husband filed for divorce in November shortly after her arrest

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 was originally arrested in October. Altice was 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.

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.

Mug shot: Altice allegedly had sex with the 16-year-old numerous times at her home and at a park and a church parking lot

Mug shot: Altice allegedly had sex with the 16-year-old numerous times at her home and at a park and a church parking lot

Arrest: Brianne Altice, 34, a teacher from Kaysville, Utah, has been charged with three counts of rape

Arrest: Brianne Altice, 34, a teacher from Kaysville, Utah, has been charged with three counts of rape

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The 17-year-old boy, a student at Davis High School, admitted to investigators on Monday that he had had sex with Altice at least seven times between January of 2012 and October of 2013

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