Prosecutors have dropped rape charges in the case of two illegal immigrant teens accused of sexually assaulting a 14-year-old classmate in a bathroom stall in Rockville, Maryland.
Prosecutors said in court early Friday that they would be dropping the sexual assault charges against Jose Montano, 17, and Henry Sanchez Milian, 18.
The girl in the case claimed that Montano and Milian had pushed her into a bathroom stall and forced her to commit sexual acts with them. Defense lawyers argued that the acts were consensual and that security camera footage does not corroborate the girl’s account.
According to Bethesda Magazine, prosecutors said they decided to dismiss the charges after a review of the evidence.
The two defendants had just entered the United States illegally a few months prior to the alleged assault, leading to a feverish debate on sanctuary cities and illegal immigration.
John McCarthy, the state’s attorney, confirmed in court on Friday that Montano will be re-detained as a juvenile on child porn charges over lewd images of the girl on his cellphone. Milian will face child porn charges as well.
The Daily Caller reached out to Immigration and Customs Enforcement (ICE) to determine if it will seek or have obtained warrants against Montano and Milian.