Legal News

Former High School Coach Asks for Law to be Thrown Out
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Tyrone Nash, a former coach at Western Heights High School, has been accused of having sex with a female student. Nash is fighting to have his case thrown out of court because his attorney said that the age of consent law is unconstitutional. Another law at the center of the legal battle includes a law that bans sexual relationships between school employees and students, according to a story in the Alva Review-Courier.

The current law would permit, for example, the judge presiding over the case, to have consensual sex with a 16-year-old female. That same law makes it illegal for Nash, or any other school employee, to have the same rights. This reason is what the defense is arguing makes the law unconstitutional.

  
What
Where


“As teachers we have to protect ourselves,” he said. “It’s not fair for students have all the power and teachers are not able to protect themselves.”

The alleged victim has gone as far as to admit that she was involved with Nash in a sexual relationship at the school. He has been charged with rape, mainly because the state law bans school employees from sexual relationships with students.

“The way the law is now, it’s poorly written and unconstitutional,” Nash’s attorney, David Slane, said. Slane has asked the judge, Jerry Bass, to get rid of the current law and have it rewritten.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




“They should make it specific to a person that has to have authority,” Slane said. “They just said ‘any employee.’ It could be a crossing guard or somebody who cuts the grass. They don’t have any authority.”

An attorney not associated with the case, David McKenzie, said, “The argument is absolutely absurd.” He said that the law was designed to protect students from sexual predators. He also said that he cannot see the judge ruling in favor of the defense in this case. “It has a rational basis in the law and the motion is absurd, as I said,” McKenzie said.



“People have the right to engage in sexual activity once they are of the age of consent,” Slane said. “They have the right to consent. That’s the argument we’re making.”

On Thursday, both sides made their arguments in front of the judge, who did not issue a ruling. There is no timetable set for the issuance of a ruling either, which means that Nash’s trial will probably be delayed. Nash’s trial is scheduled to begin at the end of October.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

General Municipal Law Attorney with land use experience

USA-CA-Oakland

Oakland office of our client seeks general municipal law attorney with experience advising public ag...

Apply Now

Mid-level Restructuring Attorney with bankruptcy experience

USA-DC-Washington

Washington, D.C. office of our client seeks mid-level restructuring attorney with 4-6 years of exper...

Apply Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Employment, Labor and OSHA Attorney with 3-6 years of experience

USA-TX-Dallas

Dallas office of our client seeks employment, labor and OSHA attorney with 3-6 years of experience. ...

Apply Now

RELEVANT JOBS

Attorney

USA-CA-San Francisco

As an in-house legal counsel at Wix’s legal department, you will play a significant role in de...

Apply now

Attorney

USA-MO-Kansas City

Successful, expanding KC personal injury law firm seeks an attorney with 5+ years personal injury li...

Apply now

Civil & Business Litigation / Transactional Attorney

USA-CA-Clovis

Law firm with primary emphasis in Business & Civil Litigation and transactional work, seeks confiden...

Apply now

Attorney

USA-MD-Greenbelt

CRIMINAL LAW ATTORNEY - Houlon, Berman, Finci, Levenstein & Sandler, LLC, an established AV rat...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top