Rape charges dropped against immigrant teens in Md. case

hulugu

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From the Washington Post:

Maryland prosecutors said 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....
...Defense lawyers for both defendants have 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 where the suspects took turns assaulting her in a stall as she tried to break free.
The case became a national story as Trump administration tried to use the case, and other like it, to push forward an argument that immigrants, especially illegal immigrants, committed a vast array of crimes in the United States.

The fact that the act was committed by two teens, who came into the country as unaccompanied minors seeking asylum became part of the story.

During a press conference, Sean Spicer, the White House Press Secretary, said:

...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.
Following Spicer's comments, the article notes:

...Demonstrators converged on county government offices and hundreds of calls, emails and texts went to the school system bashing undocumented immigrant students, assailing school policies and demanding the ouster of the superintendent. Police provided protection at the school after the threats.
Of course, many conservative news sites that banged the drum on this story are conspicuously absent on the news that the two boys will not be prosecuted.
 

hulugu

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How can an 18 year old have consensual sex with a 14 year old? How is that not statutory rape?
Prosecutors dropped rape and sexual assault charges. Statutory rape is considered a sexual offense in the second or third degree, which has a distinctly different set of charges.

Moreover, Maryland has a "Romeo and Juliet" exemption: "A person may not: ... engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old..."

Millan was 18 and his brother was 17 at the time.
 

ibookg409

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Prosecutors dropped rape and sexual assault charges. Statutory rape is considered a sexual offense in the second or third degree, which has a distinctly different set of charges.

Moreover, Maryland has a "Romeo and Juliet" exemption: "A person may not: ... engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old..."

Millan was 18 and his brother was 17 at the time.
There's a huge difference between 18 and 14. I hate the sick world in which I live.
 

hulugu

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There's a huge difference between 18 and 14. I hate the sick world in which I live.
First, I remember freshmen in high school who wanted to, and succeeded in dating, senior students. While there's a big difference between a 14-year-old and an 18-year-old in terms of emotional maturity, rape prosecution is not the way to draw the line.

Moreover, as for the "sick world" take a hard look at age of consent in U.S. history. First, consider that under slavery slave owners could buy young girls as chattel and use them however they wished, which included sexual assault.

Second, the age of consent has largely gone up throughout history. Really, 14 is the minimum in Maryland law, even under "Romeo and Juliet" exemptions, and many states maintain age of consent laws at 16 or older, though Hawaii, Alaska, Massachusetts and Missouri have exemptions.
 
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citizenzen

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Alright glad we cleared that up that a 18 year old was having sex with a 14 year old child. Now deport.
You'll be happy to know that according to the OP's sourced article ...
U.S. Immigration and Customs Enforcement confirmed Friday that they are still pursuing Henry Sanchez Milian’s deportation to Guatemala, ICE spokesman Matthew Bourke said. Sanchez Milian is not yet in custody, but the agency has issued a detainer asking local authorities to ensure he is transferred to its custody.
 

Zenithal

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The bathroom, really? What happened to having sex under the bleachers or in the back of the Camaro? Kids these days have no priorities.