SIGforum
14 year old Maryland high school student raped in school bathroom by 2 illegal alien 'students'-Lawyers for illegals vow to attack the victim-Pg4
March 28, 2017, 10:30 AM
SapperSteel14 year old Maryland high school student raped in school bathroom by 2 illegal alien 'students'-Lawyers for illegals vow to attack the victim-Pg4
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. . .
That would be true if the girl were an adult.
But she isn't.
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.
Thanks,
Sap
May 05, 2017, 01:27 PM
sdyRape 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
May 05, 2017, 01:33 PM
chongosuertequote:
Originally posted by sdy:
http://www.nbcwashington.com/n...-Case-421448613.htmlRape 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
WTF???
Is there wording in the Maryland law that allows a girl of her age to consent with someone within a certain age range?
Let me tell you, the Commonwealth of God damn Virginia hung me up for a felony when I was 14 for playing with a girl's boobs, completely consensual. Actually it was only one boob. Her father found out and flipped shit. The way the law was written in that state she could not legally consent. In my own state of North Carolina, it could not have been charged because the wording made it legal. That bullshit kept me out of the Naval Academy and has followed me around my whole career.
How can these pieces of shit get off, whether or not she consented?
Knowing what one is talking about is widely admired but not strictly required here.
Although sometimes distracting, there is often a certain entertainment value to this easy standard.
-JALLEN
"All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones
May 05, 2017, 01:46 PM
tatortoddquote:
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.
Ego is the anesthesia that deadens the pain of stupidity
DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer. May 05, 2017, 01:56 PM
CaptainMikeWhy 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"?
MOO means NO! Be the comet! May 05, 2017, 01:58 PM
46and2quote:
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.
Eh? One of my own grandmothers did (RIP). The first of several children and a marriage occurred at that age. He became a preacher. They were married for many, many years. Great family, good kids, wonderful grandparents, and generally pillars of the community.
Getting hung up on arbitrary ages is useless. Such numbers have changed many times throughout humanity, and will no doubt change again, not to mention the vast differences from one person to the next. Maybe pick a narrower brush next time.
May 05, 2017, 02:00 PM
chongosuertequote:
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.
So the defense had text messages where she told him she wanted to do it, and the law allows her to consent. That'd be a hard one to win at trial.
Knowing what one is talking about is widely admired but not strictly required here.
Although sometimes distracting, there is often a certain entertainment value to this easy standard.
-JALLEN
"All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones
May 05, 2017, 02:02 PM
tatortoddquote:
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"?
Only the rape charges were dropped, they still face the pornography charges for photographing a 14 year old and distributing via text.
As far as the rape charges, it looks like she arranged sex with them via text and the Romeo & Juliet portion of the age of consent laws in Maryland are a little broader than the 2 or 3 years common elsewhere.
Ego is the anesthesia that deadens the pain of stupidity
DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer. May 05, 2017, 02:18 PM
Sig2340This reminds me of an Army JAG officer I know.
When he was a prosecutor, whenever there was a claim of sexual assault, he'd also file charges for adultery against the accused.
If the soldier in trouble claimed it was consensual, BOOM! he admitted to adultery.
If he said it wasn't adultery, BOOM! the soldier admitted the sexual assault charge.
Nice is overrated
"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
May 05, 2017, 02:46 PM
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
May 05, 2017, 02:55 PM
Skins2881quote:
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
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.
Jesse
Sic Semper Tyrannis May 05, 2017, 03:00 PM
Skins2881quote:
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
I'm confused text messages showing they planned to attack her and they don't have a case?
Jesse
Sic Semper Tyrannis May 05, 2017, 03:03 PM
sdyquote:
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
May 05, 2017, 03:06 PM
stoic-oneThis is a strange and sad case.
The girl sent photos and planned to have sex with one but not both "boys"? Am I reading this correctly?
May 05, 2017, 03:16 PM
bigdealCan we cut to the chase? Are these two POS going to be deported or aren't they? I want them out of my country asap!
-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
May 05, 2017, 03:54 PM
Skins2881quote:
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
My point was they are two separate things, not to contend anything you were saying.
She can send pics to him and discuss a later rendezvous, but if she decides to say no later, no to anal, no to sex with both, no to sex on campus, or no to anal with both. Then as soon as she says no and they force the issue it's rape.
Jesse
Sic Semper Tyrannis 1. Apparently the prosecution was not convinced she was forced into anything.
2. There are high school girls who like sex. Lots of sex.
May 05, 2017, 05:44 PM
a1abdjquote:
1. Apparently the prosecution was not convinced she was forced into anything.
And since they have read the text messages and we haven't, they know what she was agreeing to, and we do not.
quote:
2. There are high school girls who like sex. Lots of sex.
And sometimes they like anal, and anal with multiple partners.
I'm going to go out on a limb and say her initial report was fabricated, perhaps because she had been caught. Happened to a friend of mine back in High School. Girl invited him over when her parents weren't home, Dad came home early, and even though absolutely nothing sexual had happened she claimed he broke in and attempted to rape her.