A former Western Heights High School coach, the 33-year-old Nash faces five counts of second-degree rape and forcible oral sodomy after a 16-year-old student told police she had been having sex with him.
The age of consent is 16 in Oklahoma unless it involves teachers and other school employees, an exception that Nashs attorney, David Slane, said is unconstitutional.
Slane said the law should be rewritten to apply only to teachers and other school employees who hold some sort of power, control or influence over the student. He noted that his client was
not the girls teacher when the alleged incidents occurred, although
Nash coached the basketball team for which the girl was a volunteer
Slane has noted, the teen testified earlier this year that she consented
to all of the sex acts and even acknowledged initiating contact with
Slane pointed to
a recent Arkansas case (insert Ozarks joke here) in which a mans
conviction of second-degree assault against a student was overturned
because she was 18 and had a constitutional right to privacy.
The reason the [Oklahoma] law is unconstitutional is that if two people are of age of consent ...
they have a constitutional right to privacy, which includes sexual relations, Nash told The Oklahoman.
this isnt exactly the if shes old enough to walk to the store, shes
old enough to get bred argument, we still cant imagine the contention
would be a popular one for any school to tell parents wanting to know
why its OK for the creepy old janitor to sodomize their 16-year-old.