405-778-4800
Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
 
 

Ex-High School Coach Sentenced for Second Degree Rape Conviction

02-Jun-2014

A former Western Heights High School basketball coach convicted in late April of second degree rape following a sexual relationship with a student was sentenced last week in Oklahoma County District Court.

Tyrone Nash was convicted of five counts of second degree rape and five counts of forcible sodomy in a bench trial. According to his attorney, he refused to accept a plea agreement which would have kept him out of prison, because a conviction would require him to register as a sex offender for life. On Thursday, an Oklahoma County District Judge sentenced Nash to 10 years, with all but 2 years suspended. In other words, Nash will serve up to 2 years in prison followed by 8 years of probation. He will still be required to register as an Oklahoma sex offender; however, he plans to appeal his conviction.

Nash was convicted after having a consensual sexual relationship with a 16-year-old student. Although the age of consent in Oklahoma is 16, Oklahoma law states that a student does not have the ability to provide legal consent to sex with an adult employee of the same school system. As part of his defense, Nash's attorney challenged the law.

In his challenge, Nash's attorney argued that the law prohibiting consensual sex between student and teachers was a violation of personal privacy rights. He asserted that the law was intended to prevent abuse of power by a teacher; however, in Nash's case, he was neither the girl's teacher nor her coach. Because the student was of legal age to consent, and because the teacher was not in a position of authority over her, the challenge claimed, there was no abuse of power, and therefore no crime. To support the challenge, the attorney pointed to a court ruling in neighboring Arkansas in which a teacher was charged with a crime following a consensual sexual relationship with an 18-year-old student. In that case, the court ruled that the law could not constitutionally apply to two consenting adults.

The judge in Oklahoma said that the Arkansas case had no bearing on Nash's case because it dealt with sex between consenting adults--regardless of the fact that the age of consent in Oklahoma is 16, not 18, and Nash's accuser had reached the age of consent.

Despite Nash's conviction and sentence, his attorney plans to continue to challenge the law, and Nash plans to appeal his conviction. After all, the "victim" in this case admitted to not only consenting to sex, but to instigating the relationship by secretly taking the coach's cell phone and getting his number to text him.

Regardless of the circumstances that led to his arrest and conviction, it is important for Oklahoma school employees, law enforcement officers, DHS workers, and corrections employees to understand the broad scope of Oklahoma's statutory rape laws. Unless and until the existing law is changed, it is up to the employee to refuse a relationship with even a persistent and willing person who is statutorily prohibited from providing consent.



All News

More News

Supreme Court Decision Could Impact the Shape of Oklahoma

09-Dec-2018

In 1901, in advance of Oklahoma statehood, Congress announced that..

Sexual Assault Forensic Evidence Task Force Subcommittee Recommends Standardized Rape Kit

24-Nov-2018

Several years ago, news broke that more than 17,000 rape kits sat ..

State Board of Corrections Approves DOC 2020 Budget Request

05-Nov-2018

The Oklahoma Department of Corrections intends to ask the state le..

Despite Medical Marijuana License, Oklahoma Woman Charged with Drug Possession

22-Oct-2018

An Adair County mother has been charged with illegal possession of..

Putnam City West Teens Accused in Locker Room Assault

07-Oct-2018

Recent cases have revealed that locker room antics once perceived ..

Former State Senator Sentenced to 15 Years for Child Sex Trafficking

22-Sep-2018

A federal judge sentenced former Oklahoma senator Ralph Shortey to..

Oklahoma Cities Adjust Ordinances after Medical Marijuana Legalization

30-Aug-2018

After the passing of State Question 788, the law allowing medical ..

Oklahoma Dept. of Corrections Denies Death Penalty Protocol "Deadline"

13-Aug-2018

Oklahoma, the state that invented lethal injection, continues to b..

Lincoln County Abuse Case Has Some Calling for Home School Reform

28-Jul-2018

The case of a 15-year-old boy rescued from a family farm near Meek..

Oklahoma Health Department Seeks Legal Advice after Amending Medical Marijuana Rules

17-Jul-2018

When Oklahomans passed State Question 788 last month, they left th..

×