A judge in Utah decided not to dismiss rape and sodomy charges against a former English teacher who said she finally gave in after her 16-year-old victim’s advances.

According to The Salt Lake Tribune, the judge denied a motion Tuesday to dismiss three counts of first-degree felony rape and one count of first-degree felony forcible sodomy against Brianne Land Altice.

In the motion, Altice’s attorney, Edward Brass, wrote that his client shot down the boy’s advances towards her multiple times.

"She repeatedly refused and declined his advances until he ultimately broke down her resistance," Brass wrote.

Judge Thomas Kay was not buying that, however, and ordered that the former educator stand trial.

The Davis Clipper reported that Altice’s victim and former student, testified at a preliminary hearing that he and the 34-year-old had sex on several occasions between January and September of 2013.

After the allegations surfaced, Altice’s was fired from the school and her husband filed for divorce and custody of their children.