PROVIDENCE, R.I. (WPRI) -- A judge will determine if a Providence middle school teacher accused of sexual assault can be released on bail later this month. Joseph Gannon, 50, of Warwick, was charged with one count of first-degree sexual assault and one count of producing or transferring child pornography in September. Gannon has been held without bail since his arraignment on Sep. 23. (No plea was entered at his arraignment, as is typical with felony charges in district court.) The victim, now 20 years old, was questioned on the stand over a three-day period by prosecutors where she explained she was a 15-year-old high school freshman when she and Gannon — her former middle school science teacher — allegedly began a sexual relationship that would last three years. Joseph Gannon The judge will decide whether or not to release Gannon on bail based on the felony charge of first-degree sexual assault by use of coercion. Defense attorney Albert Medici Jr. argued that the victim's relationship with Gannon was "consensual," because she testified that she continued to engage in sexual acts with the defendant over the years, and that he was not her teacher at the time their sexual relationship began. "As graphic and deviant as it was, it was consensual," Medici said. The victim previously said that after communicating over email and phone the summer after she graduated middle school, it wasn’t long before Gannon started asking her sexually charged questions and they eventually made a plan to meet up. At the time, the victim was 15 and Gannon was 45 years-old. Medici said because the victim was at a new school over a mile away and that Gannon didn't teach there, "there was no position of authority" when the relationship started. Over the next three years, the victim said they had a sexual relationship until she decided what was happening "wasn't right." She said she asked for explicit photos and videos that Gannon allegedly took of her back, but said that he refused. Medici argued that while the victim may have had "regrets" about the relationship, it didn't mean "it wasn't consensual." He entered documents the victim wrote the defendant into evidence, stating that there was "no indication whatsoever" that Gannon coerced her. The attorney general's office argued the victim's testimony did show the relationship was "coercive" and that by comparing the size, strength, and age of the parties, it was clear the victim was not in control. Assistant Attorney General Meghan McDonough said Gannon was the victim's middle school teacher for two years, in addition to supervising her study hall period where she would confide in him about her abusive home life and "suicidal ideations." She said there was "years of grooming." "This is a two-year building of trust between them. She had no one else," McDonough said. "She was at a time of maturing which required parental care. Instead, she had this defendant." A judge once again did not allow cameras to record the proceedings, but allowed reporters to take notes. A decision on bail will be issued on Nov. 27. Gannon was placed on paid administrative leave following his arrest, but on Oct. 16 was suspended without pay, according to Providence Public Schools spokesperson Jay G. Wegimont. Alexandra Leslie ([email protected]) is a Target 12 investigative reporter covering Providence and more for 12 News. Connect with her on Twitter and on Facebook. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Daily Roundup SIGN UP NOW