The Washington Post reported late Monday night that the 14-year-old girl who has accused 17-year-old Jose Montano and 18-year-old Henry Sanchez of rape at Rockville High School two weeks ago, sent a text of consent to at least one of the suspects the day before the incident occurred. Both of the young men are in the country illegally and were enrolled as freshmen at the school.
Attorneys for one of the two suspects accused of raping a 14-year-old girl in a bathroom stall at Rockville High School said the girl texted their client the day before the incident and agreed to have sex with him, according to court papers filed Monday.
The girl also texted “explicitly compromising images of herself” to him, the attorneys asserted in the court filing.
“This was a consensual act. It was preplanned,” said David Wooten, an attorney for Jose Montano, 17.
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.
Last week, the attorney for Sanchez said his client would be pleading not guilty and also argued the sexual encounter was consensual, not rape.
According to the Rockville police, the 14-year-old victim made it clear when she reported the alleged crime that the sexual contact was not wanted. The police report states she tried to scream for help, but was unable after Sanchez and Montano allegedly put a sweatshirt over her head. Blood and other bodily fluids were documented by the police at the scene. Police maintain a rape occurred and that the girl was attacked without consent. The suspects have been charged as adults with first-degree rape.
This post has been updated with additional information.