A Lexington middle school teacher accused of fleeing to Mexico with a 13-year-old student to have sex with the boy has been fired.

The Lexington School Board voted 6-0 to terminate the contract of 25-year-old Kelsey Peterson, a sixth-grade teacher in the system.

Peterson had been put on administrative leave late last month after allegations surfaced that she was having an inappropriate relationship with the student.

Peterson faces a federal charge of crossing state lines to have sex with a minor. She also has been charged in Dawson County with felony counts of kidnapping and child abuse and contributing to the delinquency of a minor.

Peterson's new attorney, Omaha's James Martin Davis, says he questions whether the former student is really 13-years-old.

Peterson is now in a federal detention center in San Diego, California.

So far we haven't heard a response from Peterson's family.

Davis says, "They're concerned about how Kelsey's being portrayed as a monster.” Davis says not an appropriate description of Peterson, no more than he says the word “victim” is a good description of Fernando Rodriguez.

Peterson faces federal and state charges of crossing state lines and the U.S. border to have sex with a minor, which is punishable by 10 years to life in prison and a $250,000 fine.

She has also been charged in Dawson County with felony counts of kidnapping and child abuse and contributing to the delinquency of a minor.

After Peterson was arrested, Fernando Rodriguez stayed in Mexico with family members because he had illlegally come to the U.S. years ago.

"She is not a predator, misguided maybe, but this kid is not a victim,” says Davis. “This kid didn't need protecting from anybody, as opposed to being a victim, I think he was out there talking about this and Kelsey Peterson was a notch on his belt."

"Assuming what she did is true, it's a violation of the law, but she is not a predator and this young man by no means is a victim,” says Davis.

Davis says Rodriguez is no angel. "He isn't a victim, this kid, he's a gangbanger, he's alleged to be in a gang, he's determined to be ungovernable, the kid shaves."

Which leads to another argument Davis plans to pursue. He believes Rodriguez has lied about his age and is older than 13.

“I'm not even sure that he's only 13. He shaves, he has a mustache."

"I'll be requesting his original birth certificate from the Mexican consulate. I think he had one here, but I don't know if anyone vouched for its authenticity."

A prosecutor and a relative of the boy rejected Davis' claims. "Mr. Davis can allege what he wants, I've seen the birth certificate and he's 13," says Dawson County Attorney Elizabeth Waterman.

"He'll be 14 in January," Laura Rodriguez, the boy's aunt told the Associated Press.

As for the boy not being the victim, Rodriguez said of Peterson, "She started up with him when he was 12. She was 24. How could that happen?"

In an interview from Janitizio, Mexico, Rodriguez said he and Peterson had sex "maybe twice" and he considered Peterson his best friend, not a girlfriend.

Davis says a federal grand jury will meet at the courthouse in Omaha this week to formally charge her. After that, she will be extradited to Omaha in the next seven to 21 days.

He is sure Peterson will not be released due to her being considered a flight risk.

"She obviously shaken up, she's incarcerated, you know it was a silly thing for her to do and she recognizes that it was," says Davis.