KINGFISHER, Okla. (AP) – The Texhoma girls basketball coach made an appearance in court in Kingfisher Monday. The former basketball coach at Hennessey

High School coach says he shouldn’t have

been charged with rape for having sex with a member of his team at Hennessey,

because she was over 18 at the time and the sex was consensual.

Television station KOCO says 32-year-old Ben Davis Forsythe,

charged with second-degree rape, appeared in court at Kingfisher on

Monday. The hearing was continued until March 21 after Forsythe’s

attorney, in a surprise move, asked the attorney general’s office

to dismiss the charge.

The motion argues that the law is unconstitutional because it

criminalizes consensual sex between two adults.

Forsythe was arrested in December after a student said she had a

relationship with Forsythe. She testified Monday that, when she

wanted to end it, Forsythe threatened her position on the team.