The attorney for Tyler Millward of Springfield argued that his client should be allowed to argue at trial that because the victim consented to the relationship that he is not guilty of the crime.

“It is our position that consent is a defense and if the court finds it is not a defense than (the Michigan statute) is unconstitutional,” defense attorney Anastase Markou said.

Millward, 30, is charged with three counts of third-degree criminal sexual conduct involving a student between July 2017 and January 2018 when she was 16 and while he was a teacher at Athens High School. His trial is scheduled for early March. He faces up to 15 years in prison if convicted.

The student had Millward’s child in December. The Enquirer does not name victims of alleged sexual assault.

In his argument Monday Markou told Calhoun County Circuit Court Judge John Hallacy that while Michigan law prohibits teachers having sex with a student, it does not prohibit a defendant from using consent as a defense. And he said the girl was 16, which is the age of consent in Michigan.

“The legislature did not specify that consent was not a defense,” Markou said. “They were not clear in this case. The legislature could have eliminated consent (as a defense) but they did not.”

Prosecutor David Gilbert told the judge Michigan law says “a teacher does not have the right to have sex with a student and that is clear under the case law. To say you have a right to have sex with a student, that is just not true.”

And Gilbert said while the law used to charge Millward may not prohibit consent as an argument, it does specify that the victims are covered between the ages of 16 and 18.

And Hallacy agreed with Gilbert’s argument.

“The statute is very specific and here the legislature expanded the age up to 18. The age of consent is 16 but the statute says up to 18.

“You can’t have sex with anyone between 16 and 18 so consent is not an issue because of the relationship,” Hallacy said.