HASTINGS, Neb. (AP) – The attorney for a former Hastings High School teacher has challenged the age of a girl who authorities say had sex with the man when she was 15.

Kevin Knake is the attorney for 38-year-old Johnathan Shafer, and in court on Monday Knake said it can’t be clearly established when the sexual relationship started. Under Nebraska law, people 19 and older cannot have sexual contact with people younger than 16.

Knake cited an email the girl sent to police saying she was mistaken about the time frame of the relationship. But prosecutor Cassie Baldwin said the girl is changing her story because of her feelings for Shafer.

The judge ruled there was probable cause to believe a crime could have been committed, so Shafer was bound over for trial.