quote:

Originally posted by sdy:
. . .Even if there were such communications made between the girl and one of the suspects, the criminal case would hinge on whether the girl agreed at the time to have sex — in a bathroom stall, with two people — or whether she was attacked. . .

quote:

Originally posted by sdy:
http://www.nbcwashington.com/n...-Case-421448613.html

Rape and sexual assault charges have been dropped against two teen immigrants accused of raping a 14-year-old girl in a bathroom of a high school in Rockville, Maryland, prosecutors say.

the evidence does not support rape charges, Montgomery County State's Attorney John McCarthy said.

"We have concluded that the facts in this case do not support the original charges filed in this matter," he said at a news conference Friday morning.

"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."

Montano now faces possession and distribution of pornography charges. Sanchez Milian also faces possession of pornography charges.

The pornography charges are related to lewd photographs attorneys say the girl sent to Montano, who then forwarded them to Sanchez Milian.

Defense attorneys later said text messages between the girl and Montano showed the two spoke about having sex at school.

Prosecutors then said texts between Montano and Sanchez Milian showed they planned to attack the girl.

*******************
sounds strange

quote:

Originally posted by chongosuerte:
Is there wording in the Maryland law that allows a girl of her age to consent with someone within a certain age range?

quote:

(a) Prohibited.- A person may not engage in a sexual act with another:

(1) by force, or the threat of force, without the consent of the other;

(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.

(b) Age considerations.- A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

quote:

(a) Prohibited.- A person may not:

(1) (i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) 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; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

quote:

(a) "Person in a position of authority" defined.- In this section, "person in a position of authority":

(1) means a person who:

(i) is at least 21 years old;

(ii) is employed as a full-time permanent employee by a public or private preschool, elementary school, or secondary school; and

(iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and

(2) includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.

(b) Prohibited.- A person may not engage in:

(1) sexual contact with another without the consent of the other;

(2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or

(3) except as provided in § 3-307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

(c) Sexual abuse of a minor student by a person in a position of authority.-

(1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.

(2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.

quote:

Originally posted by SapperSteel:
A 14-year old CANNOT give consent for sex; she is incapable of it, not just by law but by the fact that a 14-year old's brain is not fully developed.

quote:

Originally posted by tatortodd:

quote:

Originally posted by chongosuerte:
Is there wording in the Maryland law that allows a girl of her age to consent with someone within a certain age range?

I just Googled it, and unfortunatley the answer is yes.

§ 3-306. Sexual offense in the second degree.

quote:

(a) Prohibited.- A person may not engage in a sexual act with another:

(1) by force, or the threat of force, without the consent of the other;

(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or

(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.

(b) Age considerations.- A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.

§ 3-307. Sexual offense in the third degree.

quote:

(a) Prohibited.- A person may not:

(1) (i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) 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; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

§ 3-308. Sexual offense in the fourth degree.

quote:

(a) "Person in a position of authority" defined.- In this section, "person in a position of authority":

(1) means a person who:

(i) is at least 21 years old;

(ii) is employed as a full-time permanent employee by a public or private preschool, elementary school, or secondary school; and

(iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and

(2) includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.

(b) Prohibited.- A person may not engage in:

(1) sexual contact with another without the consent of the other;

(2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or

(3) except as provided in § 3-307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

(c) Sexual abuse of a minor student by a person in a position of authority.-

(1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.

(2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.

quote:

Originally posted by CaptainMike:
Why do I have a weird feeling that if these were middle-class, white, legal, American citizens they would be looking at a decade+ in prison. (and no chance of the charges being dropped, regardless of these "extenuating circumstances"?

quote:

The pornography charges are related to lewd photographs attorneys say the girl sent to Montano, who then forwarded them to Sanchez Milian.

quote:

Originally posted by sdy:
"they still face the pornography charges for photographing a 14 year old and distributing via text"

little more complicated than that:

from the news report:

quote:

The pornography charges are related to lewd photographs attorneys say the girl sent to Montano, who then forwarded them to Sanchez Milian.

One of the main reasons for dropping the charges seems to be that the girl sent one of the boys porno pics (of herself).

Then the boy sent those pics to the other boy

quote:

Originally posted by sdy:
http://www.nbcwashington.com/n...-Case-421448613.html
.....

Prosecutors then said texts between Montano and Sanchez Milian showed they planned to attack the girl.

*******************
sounds strange

quote:

Her sending him nudes or planning to screw him later in the day does not equal consent to anal sex with both of them in the boys room.

quote:

Originally posted by sdy:

quote:

Her sending him nudes or planning to screw him later in the day does not equal consent to anal sex with both of them in the boys room.

not arguing that point.

was clarifying that the porno they were charged with having came from her

************
"I'm confused text messages showing they planned to attack her and they don't have a case?"

that indeed was one of the strange aspects

quote:

1. Apparently the prosecution was not convinced she was forced into anything.

quote:

2. There are high school girls who like sex. Lots of sex.