A high school teacher who served one month in prison for raping a 14-year-old student is asking the Montana Supreme Court to reconsider a decision that could send him back to prison for at least two more years.
The high court in April ruled that the original sentence given to former Billings teacher Stacey Dean Rambold was illegal.
Justices cited in part comments from the judge who oversaw the case and said the victim shared control over the situation. Rambold was 47 at the time.
In a petition for rehearing filed Thursday, his attorneys said the girl's role had no bearing on Rambold's admitted guilt. But they said it was appropriate to factor that into his sentence.
A Department of Justice spokesman says the state will oppose the petition.