The Daily Mail reported that rape charges against two illegal immigrants in a high profile rape case from Rockville, Maryland were dropped on Friday for “inconsistencies.” Jose Montano, 17, and Henry Sanchez-Milian, 18, were charged with the rape and sodomizing of a 14 year old girl from Rockville High School. Both were originally charged as adults. But the prosecution dropped charges after some of the information didn’t add up.
The March Incident
The 14 year old girl told authorities that the two teens forced her into a stall and took turns raping and sodomizing her in the boy’s bathroom at Rockville High School. She claimed that she had rejected their advances. Both boys were arrested on March 16.
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Defense Attorneys claimed the sex was consensual. Which shouldn’t matter in the case of Sanchez-Milian who is 18 and the girl is 14…it should be statutory rape. Even Montano at 17 was charged as an adult, but not under the statutory rape law. The age of consent in Maryland is 16, not 14. Maryland reportedly does not have a “close in age” law that allows a person to give consent when they are within 4 years of each other (known as Romeo and Juliet laws).
But when police conducted a two month investigation, they found that the school surveillance video showed the girl running to the boys and willingly entering the boys bathroom. The defense also pointed to text messages sent by the girl that agreed to a sexual encounter. The investigation did a review of phone and computer records, medical records, school security videos, and interviews with witnesses.
The Defense lawyers said it was a case of “elective promiscuity” that was pre-planned.
“We have concluded that the facts in this case do not support the original charges filed in this matter.Due to the lack of corroboration and substantial inconsistencies from the facts that we have obtained from multiple sources since the filing of the original charging document, the original charges cannot be sustained, and prosecution on those charges is untenable.” Montgomery County Prosecutor John McCarthy
Both Montano and Sanchez-Milian now face charges of possession and distribution of child pornography regarding an explicit video sent to them by the teenage girl. The pornography charges have incensed the defense, and they are calling them ‘egregious’ charges.
The school received numerous threats after the incident broke in the news. Even Sean Spicer and Donald Trump made comments about the case due to the illegal nature of the two suspects, which touched off a firestorm.
Montano is from Guatemala, and Sanchez-Milian is from El Salvador. Deportation proceedings have already begun.
Neither teen will be allowed back in the school.
“We need to provide them an education, but it will not be in a school building. It will not be during the regular school day. It will not be a typical school experience.” Dr. Jack Smith, Superintendent of Montgomery County Schools to NBC News
What’s the moral of the story? “Elective promiscuity” is a very bad idea for all parties concerned.
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