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Rape charges dropped against immigrant teens in Maryland case

Toxi

Banned
https://www.washingtonpost.com/local/public-safety/rape-charge-against-immigrant-teen-in-maryland-case-will-be-dropped-defense-lawyer-says/2017/05/05/a4806c02-312f-11e7-8674-437ddb6e813e_story.html?utm_term=.85c96121fc04
After a court hearing Friday morning, prosecutors said they will drop the sex-assault case against Henry Sanchez Milian, 18, and Jose Montano, 17.

”The facts of this case do not support the original charges filed," said Montgomery County State's Attorney John McCarthy.

Defense lawyers had said for weeks that the sex acts were consensual and that text messages and school surveillance videos did not substantiate the girl's claims she had been pushed from a hallway into a bathroom at Rockville High School on March 16 and that the suspects took turns assaulting her as she tried to break free.

As prosecutors moved to dismiss the rape cases, they began pursuing cases of child pornography charges related to images discovered on cellphones during the course of the investigation, according to court records and defense attorneys.

Maria Mena, attorney for one of the accused students, talks to the press as she departs the courthouse Friday in Rockville, Md. (Bill O'Leary/The Washington Post)
Prosecutors did not describe the content or path of the exchanges of the images. Defense attorneys said they were willingly shared by the girl with one defendant, who passed them along to the other.

...

The severity of the reported assault — the girl originally told police the suspects held her down as she cried and repeatedly told them to stop — and that the two accused teens had entered the United States illegally only months earlier drew heated comments from the White House to the Maryland State House and to activists in the county.

Montano came to the United States from El Salvador, and Sanchez Milian from Guatemala. They were stopped at the border, detained, then allowed to continue on to relatives before they enrolled at Rockville at a ninth-grade level.

White House press secretary Sean Spicer was asked at a daily briefing about the cases in its early days and said, ”The idea that this occurred is shocking, disturbing, horrific."

”Part of the reason that the president has made illegal immigration and crackdown such a big deal is because of tragedies like this. . . . Immigration pays its toll on our people if it's not done legally, and this is another example," Spicer said.
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HoodWinked

Member
its really weird how arbitrary things can be sometimes. because the girl was 14 years old, and the age of consent is 16 in maryland.

so this would have been a clear case of statutory rape. however maryland only recently added a close in age exception. also the close in age exception is 4 years and the ages between the three are 14, 17, 18 so its pretty much right on the edge of that exception as well.
 

Chumly

Member
its really weird how arbitrary things can be sometimes. because the girl was 14 years old, and the age of consent is 16 in maryland.

so this would have been a clear case of statchory rape. however maryland only recently added a close in age exception. also the close in age exception is 4 years and the ages between the three are 14, 17, 18 so its pretty much right on the edge of that exception as well.
I think the vast majority of states has a close in age exception. My state does. Makes perfect sense why you would have one.
 
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