Former Western Heights Coach Accused Of Rape Files Appeal

A former Western Heights Coach accused of raping a 16-year-old is determined to prove his innocence. On Monday, Tyrone Nash and his lawyer filed an appeal against a judge's decision.

12/7/2012 Related Story: Judge Declines To Dismiss Rape Charges Against Former Western Heights Coach

In December, a judge threw out the argument that Nash shouldn't be charged with rape because the relationship was consensual. Nash's lawyer says the consent law is unconstitutional.

As it stands now, the age of consent is 16 years old except when it involves a student and a teacher.

"We believe the law is unconstitutional. We think its poorly written, we don't think it's a good law. We think the judge simply made a mistake," Nash's attorney David Slane said.

10/7/2012 Related Story: Coach Accused Of Sex With Student Speaks Out

"In the long run, when you know that you're innocent, it's worth fighting for and for me it's worth every day, every hour, every second," Nash said.

Nash is charged with five counts of second degree rape and five counts of forcible sodomy.