FARMINGTON — The case of Valynne Bowers, the Bountiful teacher charged with having sex with a 14-year-old male former student, may end up going to trial.

Rich Gallegos, attorney for Bowers, told 2nd District Judge Michael Allphin on Monday that no resolution has been reached, and Gallegos asked for another hearing to argue a "legal issue" in the case.

The judge set the next hearing for July 27.

"I don't think the facts in this case fit the charges filed against Ms. Bowers," Gallegos said outside the courtroom. She is charged with rape and forcible sodomy, both first-degree felonies.

A particular sticking point is whether the charges should include the legal concept that Bowers was in a "position of special trust" with the boy because she was formerly his teacher. Gallegos does not believe that is the case.

"Nothing occurred during school hours; the contact was not initiated by her," Gallegos said. "She never used her position as a teacher. The victim came around to see her. Our position is she's not a teacher when she goes home and is on her own time."

Gallegos also said Bowers did not "groom" the boy for sexual activity, which is common for sex offenders.

He said Bowers is holding up well, is getting counseling, has family support and is "figuring out how she got to this place." He also said Bowers is "very sorry" for what the boy has had to go through. "She has shown a lot of remorse."

If another adult had sexual activity with a 14-year-old without the "special trust" issue, it would be considered a third-degree felony, Gallegos said.

If a better resolution is not reached with prosecutors, Gallegos said "it is very possible" that Bowers' case will go to trial.

Bowers, 40, taught math at Bountiful Junior High School.

Linda Nef, another teacher at the same school, confessed she engaged in sexual activity with the same boy. She recently pleaded guilty to an amended charge of attempted aggravated sexual abuse of a child, a first-degree felony that carries the potential sentence of three years to life in prison.

However, the victim and his family have indicated they do not want Nef behind bars, and with the plea bargain, the option to impose probation is available to 2nd District Judge Rodney Page.

That is a dramatic departure from the much more serious charges Nef originally faced because she engaged in sexual conduct with the boy when he was 13. Her original charges carried a minimum mandatory sentence of 25 years to life in prison. Her sentencing is set for July 21.

E-MAIL: lindat@desnews.com