CORPUS CHRISTI, Texas – The lawyer for a teacher accused of having sex with a student want to know why he isn’t being prosecuted for sending a recording to his friends.

The Caller Times reports a lawyer for Tanya Ramirez, a former King High School teacher, is seeking to turn the tables on the 17-year-old student she allegedly had sex with.

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Ramirez pleaded not guilty this week to having an improper relationship with a student, a second-degree felony.

She has been accused of having sex with the student in May.

The paper reports:

The student surrendered to authorities a cellphone recording of a sex act showing the back of a woman, according to an arrest affidavit.

The student told authorities the woman is Ramirez and a visible tattoo on the woman’s lower back matches a tattoo on Ramirez, according to the affidavit.

The student told investigators he sent the video to 11 of his friends.

Ramirez’s attorney Christopher Gale tells the Caller-Times that’s likely a violation of law.

Gale contends his client needed to consent to being recorded, which he implies she didn’t do.

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Prosecutors, at least for now, disagree.

“Based on the information we have at this time and the fact that there is a question regarding the constitutionality of the statute, we cannot prosecute at this time,” District Attorney Mark Skurka said when the case arose in the summer.

The teacher’s lawyer believes if the case involved the student and another student, instead of a teacher, they would seek to prosecute him.

“I’m not sure why the DA would not be able to prosecute that case,” Gale said. “I think he could figure it out.”

The Corpus Christi school district fired Ramirez when the allegations came to light.

The Texas Board of Education is reportedly still reviewing her teaching certification.