Two teenagers charged with the rape of a fourteen-year-old girl have defended themselves by claiming the incident was consensual. The case had already garnered National Interest after it was revealed that one of the teens had come to the United States illegally.
'Consent' will be used as a defense by both of the teens’ legal teams
The two charged with the alleged crime are Jose Montano and Henry Sanchez-Milian. Reportedly, court records claimed that the victim, who was fourteen at the time of the incident, had been violated both anally and vaginally, and had also been forced to perform oral sex for the seventeen-year-old Montano and the eighteen-year-old Sanchez-Milian in a Rockville High School bathroom.
That said, Montano’s legal team alleged that, while sexual intercourse did occur, the incident had been consensual. According to a recent court filing, Montano's lawyer has even alleged that the girl agreed to sex in text messages. Added to that, Sanchez-Milian’s lawyer has made similar claims. As the victim was less than four years younger than the alleged attackers, consent could be used as a legal defense in the case. While the age of consent in Maryland is 16, the law permits fourteen-year-olds to consent to sex as long as their partner is not more than four years older than them and does not have exploitation of privilege over them, such as sexual intercourse with an employer.
Police, however, have said in a statement that they believe the sex was not consensual.
In addition, Sanchez and Montano will be tried as adults.
The case has reached even the White House
The case had become notable over its connection to illegal immigration, especially after Sanchez-Milian was confirmed to be an Illegal Immigrant by officials, and currently has an immigration detainer on his name, meaning he can be deported after he faces the local charges against him.
According to reports, Montano is from El Salvador, and Sanchez-Milian is from Guatemala
The case also made headlines when White House Press Secretary Sean Spicer made a statement over the situation. Reportedly, Spicer had called the alleged crime “horrendous" and said it was justification for the administration's policies on illegal immigration.
