BOUNTIFUL -- A former teacher who had a sexual relationship with a student will be treated as a person in a position of trust during his trial next month.
Jeremy Page Flygare, 33, of Sunset, was not in attendance during a motion hearing on Wednesday in front of Judge Thomas L. Kay at 2nd District Court, but was represented by his attorney. Kay denied Flygare's motion that would instruct the jury in the upcoming trial to not consider Flygare as someone who occupied a position of special trust in relation to the victim.
Flygare's attorney argued that while Flygare was a teacher, his position did not have an influence over the 17-year-old student.
"We interviewed the alleged victim," said Kenneth Brown, Flygare's lawyer. "Our position is these two people fell in love and had sex. His position (as a teacher) did not have an influence."
Brown said that the victim told him that there was no force administered by Flygare, and that she describes him as her best friend and the only person in her life who understands her.
"She classifies him as a teacher, a friend and a lover," Brown said. "She joined the last two together but not the teacher part."
Deputy Davis County Attorney Cristina Ortega argued that since Flygare was the girl's teacher, he most certainly was in a position of trust.
"He became her friend and lover as a teacher," Ortega said.
Ortega emphasized that Flygare, who was hired as a drama teacher at Northridge High School in August 2007, was the girl's teacher first. He was fired following his arrest.
Because he was her teacher, according to state law, the student could not have consented to any sexual activity because Flygare occupied a position of special trust over her.
"Almost every victim I've dealt with in this situation say they're in love and they're going to be together forever," Ortega said.
After a short recess, Kay announced that he denied Flygare's motion.
Flygare is charged with two counts of first-degree felony rape and has a pre-trial scheduled for Thursday afternoon at the 2nd district court in Farmington. His trial starts Sept. 19.
Police said the 17-year-old victim's parents reported the relationship on March 31, 2010. The girl told police that she and Flygare had sex 10 to 15 times, including once at the school.
Had Kay agreed with Flygare's motion, then Flygare would not have been charged with rape but rather third-degree felony charges of sex with a minor.