Under Oklahoma law, the age of consent for sexual intercourse is 16, unless the acts are committed by a school district employee.
Slane contends the law should be rewritten by the Oklahoma Legislature to apply only to teachers and other school employees who wield some sort of power, control or influence over a student.
Nash, the attorney said, was not the girl's teacher when the acts were alleged to have taken place between February 2010 and March 2011.
The girl, Slane has said, testified at Nash's preliminary hearing that she consented to all of the acts and acknowledged taking his phone and initiating contact with him.
Nash, meanwhile, said Monday he is not guilty of all the allegations against him.
“I disagree with what she's saying,” he said when asked if his accuser is lying. “I know that I did not do those things that she is alleging I did.”
Slane acknowledged Monday that he doesn't believe Nash had sex with the girl.
When asked why he was challenging the constitutionality of the state's age-of-consent law, the attorney said he wanted to do everything he could to keep his client from being prosecuted for “laws that shouldn't even be on the books.”
“Anything can happen at trial,” Slane said.