TOPEKA, Kan. (AP) — A judge has ruled that it is “absurd” for a fired Kansas prison dental instructor to attempt to have charges accusing him of nonconsensual touching of female inmates dismissed on the grounds that the state law barring such conduct only mentions consensual sex acts.

Shawnee County District Judge Cheryl Rios rejected the Tomas Co’s argument Friday and ordered him to stand trial on Jan. 27 on five charges of unlawful sexual relations with an inmate.

Co’s attorney, Chris Joseph, said state law is ambiguous and Co shouldn’t be held accountable for the Legislature’s bad policy. But Rios said that, “The absurd result would be for an adult who doesn’t consent and is incarcerated, a corrections officer or parole officer or anyone else could do whatever they want.”