There are new developments surrounding a metro high school teacher accused of having sex with a student. Tyrone Nash is taking his case to the Oklahoma's high criminal court as he tries to clear his name.
For more than a year, Tyrone Nash has been facing second-degree rape and oral sodomy charges against a 16-year-old female student. Now, his defense team is hoping a new petition filed Monday will make his charges disappear.
Former Western Heights teacher and coach Tyrone Nash walked away from court Monday optimistic on what they future may hold.
"The courts will see what we're seeing as far as the law being written wrong," Nash said.
Nash and his attorney, David Slane, say a state law that prevents school employees from having sex with students is unconstitutional. Nash is accused of having sex with a 16-year-old girl who, according to court documents, consented to the sex.
In Oklahoma, the age of consent is 16. However, there is no age of consent in Oklahoma when it comes to teachers and students.
"The ruling of this case will set the precedent in this area of the law," Slane said. "It's the first time [the law has] ever been challenged."
Slane admits it is inappropriate for a person in a position of power to have sex with someone under the age of 18. However, Slane says, although Nash worked at the same school his alleged victim attended, he was never her teacher.
"It's very frustrating,"said Nash. "Obviously, it's just a roller coaster. Some days are better than others … In the long run, when you know that you're innocent, it's worth fighting for."
Nash's trial will begin on May 6, 2013 in Oklahoma County District Court if the Court of Criminal Appeals denies the petition filed Monday.
The State of Arkansas had a similar law prohibiting school employees and students from having sex, but it was declared unconstitutional in May 2012 by the Arkansas Supreme Court.