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Maryland prosecutors said Friday they will drop rape and sex offense charges against two immigrant teens accused of attacking a 14-year-old classmate in a high school bathroom stall in a case that shocked local parents, attracted international and White House attention and stoked the debate about illegal crossings into the U.S.
After a court hearing Friday morning, prosecutors said they will drop the sex assault case against Henry Sanchez Milian, 18, and Jose Montano, 17, who was ordered released from custody.
Montgomery County State’s Attorney John McCarthy said at a press conference that ‘‘the original charges cannot be sustained and prosecution is untenable’’ because of ‘‘substantial inconsistencies’’ from witnesses.
According to the defense lawyers, the day before the incident, the girl and Montano, exchanged explicit text messages and images about planning to have sex in the school. Video from school cameras showed Montano and the girl walked together into the bathroom at the time of the incident, according to the attorneys, who also said the girl’s account of events was not consistent as the investigation progressed.
‘‘At no point did the girl express any reluctance with any sex acts,’’ said Jezic. ‘‘From the night before, she actively planned a sexual encounter.’’
Detectives described a harrowing attack in the affidavits they filed for the rape arrests.
On March 16, they had been called to the school after the 14-year-old girl told a staff member she’d been raped. The detectives spoke to the girl, who according to their affidavits, told them she knew Montano, and they had been talking in a school hallway that morning.
She said he asked to have sex and when she refused, pushed her into a boys’ bathroom and pulled her into a stall, according to the police affidavits. Sanchez Milian then entered the stall, according to girl’s account in the affidavit, and both raped her as she cried out and told them to stop.
Montano ‘‘denied having any sexual contact with [the victim]. Montano stated they went into the bathroom to tell jokes,’’ detectives wrote after talking with him.
They also spoke with Sanchez Milian who ‘‘initially stated nothing happened,’’ the police affidavits state, ‘‘then changed his statement multiple times and admitted having sex with the victim with his friend Montano.’’
originally posted by: Miracula2
I'll hazard a guess that this was. Send some pics. He got what he wanted. Then took off. That's when she got angry. Revenge time. Make up some false charges.
She wanted possession of him, and used intercourse to establish her territory. He displayed independence and it probably made him wander off.
originally posted by: Miracula2
I mean really. If she wasn't interested in having intercourse with him why was she sending him suggestive texts and pics.
I have a hard time believing that she was violated.
Sounds more like regret to me.
originally posted by: LookingForABetterLife
Regardless of whether it was rape or consensual sex she was still an underage minor at 14 years old. If it was proven that they have sex then the boys should be going to jail.
originally posted by: marg6043
The 18 year old will be go after on many other charges.
The 17 will no be that far either.
Regardless of the intent or not, a 14 year old wanting sex or soliciting sex is still a no no for the receiving adult end of the deal.
Just because an under age girl say she wants sex with an adult it doesn't mean the adult can have sex with the underage girl.
Is the law.
‘As prosecutors we always go where the evidence takes us,’’ McCarthy said, without taking questions from reporters
originally posted by: TheTory
The texts and evidence of flirting don't matter. What matters is if she said "no" or not.