A judge threw out the argument from a former Western Height's teacher that he shouldn't be charged with rape, because the relationship with his 16-year-old student was consensual.
Tyrone Nash and his attorney believe the age of consent law is unconstitutional and they were hoping the judge would agree. The judge declined to dismiss rape charges against 29-year-old Tyrone Nash after taking more than a month to review the claims made by the defense.
Tyrone Nash and his attorneys argue the age of consent law in Oklahoma should not have an exception to the rule. As it stands now, age of consent is 16 years old except when it involves a student and a teacher.
In Nash's case, the alleged victim claims she was 16 years old when she had consensual sex with the former Western Heights basketball coach. The victim claims the relationship lasted for two years from the beginning.
Nash denied the allegations. Still, Nash's attorney attempted to convince the judge that Nash did not have direct authority over the student in an attempt to get the case thrown out.
But Friday afternoon, the judge overruled the motion.
Nash is charged with five counts of second degree rape and five counts of forcible oral sodomy. He is currently out on bond but under specific conditions.