Rape charges to be dropped against immigrant teens in Md. case

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.

Rape charges to be dropped against immigrant teens in Md. case

So I have followed this case a bit and am a bit dumbfounded at the outcome right now. I am not having a hard time believing that the girl may have traded sexually suggestive texts and pics with one of the defendants, but I am having a hard time believing that this was a consensual act when the 3rd party arrived. I do know how kids are and that they talk a big game, but when it comes down to the actual act, is it what they really want? This article on it had more explanation than most hence why I linked it for the thread.

In particular they speak about all of their stories changing, but nobody really addresses the second boy that joined the party. So I am wondering if this is something that is being covered up for some reason.

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.’’

So all of their stories have changed a bunch since the incident.

Any thoughts on this case? I think it is a strange one to say the least.

Happens way too much! Even with non-agenda related white people.

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.

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, she countered with control, and it probably made him wander off.

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.

But, that doesn't fit with the obvious anti-immigrant storyline!
*gasp*

It's unfortunate that she was hurt. However, we don't to ruin a young man's life over lies.

originally posted by: Miracula2
It's unfortunate that she was hurt. However, we don't to ruin a young man's life over lies.

Egg-zactly.

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.

im leaning towards this too.

happens a lot.
the accusation of rape is a pretty serious allegation as it is...often times just the allegation hangs over people for years because for some the allegation is proof enough for them.
i have not followed the story. only read what was posted.

does not seem outside the realm of possibility that this was a regret type of deal like you mentioned

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: 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.

Because we should jail all kids that age for having sex...,

When are we building the 100 new prisons?

a reply to: LookingForABetterLife
Only the 18 year old if I recall can be charged with statutory. There is also the possibility of the following which I will now present:

The young teen intended to have sexual acts with the legal adult she was sexting with. But, he may have said to his homey to come in after and get some. They walked together willingly into the bathroom based on the surveillance. Where she may have become reluctant is when the second 17 year old boy entered the mix, and she my have objected to having a train run on her. They then both subsequently forced themselves on her against her desires, making them both still guilty of a violent rape.

She may be young and naive, but it does not necessarily mean she is lying 100%.

a reply to: LookingForABetterLife

Not necessarily, MD has a weird consent law regarding 14-16 year olds with partners less than 4 years older. The age of consent in MD is 16.

ganjoa

a reply to: Vasa Croe

are you ameniable to the notion that :

LEOs and judiciary with full access to all the evidence availiable - and decades of combined experience :

came to the correct conclusion ?

a reply to: Jefferton

I'd rather see rapist go to jail then those for minor drug offenses or tax fraud. That will open up room in the jails.

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.

I also tend to go along with the seeming indication that the alleged victim showed no reluctance. In which case we could be looking at some lack of parenting. If this unfortunate young lady is a victim of her own foolish behaviour, then it is because she has not been taught to behave any better than the way she did. It does not mean I think she deserved what happened to her, and it does not mean that I believe that alleged perpetrators having nothing to answer for.

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.

correct
but rape and statutory rape are different things.
just cause he had sex with her does not mean he raped her

i read the article.

‘As prosecutors we always go where the evidence takes us,’’ McCarthy said, without taking questions from reporters

prosecutor didnt feel like rape charges were warranted.

The texts and evidence of flirting don't matter. What matters is if she said "no" or not.

originally posted by: TheTory
The texts and evidence of flirting don't matter. What matters is if she said "no" or not.

100% agreed
again though the prosecutor feels the rape charges are not warranted.

maybe she did say no and was raped.

maybe she said yes and regretted it so she cried rape

we will probably never know.