OKLAHOMA CITY -
A former high school coach accused of having sex with
a student is once again claiming his innocence.
Tyrone Nash and his attorneys appeared before a judge
on Thursday to challenge the state's age of consent laws.
The judge listened to what he called
"interesting" arguments from both sides as defense attorney
David Slane defended his motion asking the judge to dismiss rape charges
against Nash.
Nash did not dodge the cameras outside of the
courtroom in Oklahoma County, but instead took his familiar stance.
"I just claim innocence in the first place," Nash
said.
9/4/2012
Related Story: Fight Brews Against Oklahoma Law Prohibiting Teacher-Student Sex
The statements come again more than a year after his
arrest, when a Western Heights high school senior came forward claiming she and
Nash shared a sexual relationship for nearly two years.
The alleged victim claims she was 16 and had
consensual sex with Nash. Under state law, 16 is the age of consent, but
there is an exception to the rule for student and school employees. Slane says
the laws are unconstitutional.
"It's written in such a way that students, while needing
to be protected, also need to recognize that people have a right to engage in
sexual activity once they are of age," Slane said.
9/9/2011 Related Story: OKC High School Basketball
Coach Accused Of Having Sex With Student
Slane defended his argument to Judge Bass by explaining
Nash did not have the alleged victim in class, so he was not in a position of
authority.
"That's why this law, in our opinion, is poorly
written. They should make it specifically that the person has to have authority
and control but [lawmakers] didn't say that. They just said employees, so it
could be a bus driver or school crossing guard or the guy mowing the grass that
does not have authority," said Slane.
The state argued back that all teachers and coaches
like Nash are viewed as authority figures to every student at the school, but
still Nash disagrees.
"As teachers we also have to protect ourselves because
it's not fair for the student to have all of the power and the teachers
not to be able to protect themselves," said Nash.
The judge told the court he needed extra time to
review both the state and the defenses arguments.
A jury Trial in the case was set for October 29, but
could now get delayed.
1/31/2012 Related Story: Oklahoma High School Coach Will
Stand Trial In Rape Case