BALTIMORE (WJZ) — Explicit photos and racy text messages are at the heart of a new twist in the case of a Rockville High School student who claims she was raped by two classmates.
Attorneys now say what was found on one of the suspect’s phones proves the act was consensual.READ MORE: Man Shot And Killed Outside Towson Shopping Center Was A Morgan State University Student
Those text messages and photos have not been made public, but attorneys say they tell a different side of the story, but sexual assault advocates say it might not matter.
The details have shaken Rockville and swirled at the center of the national immigration debate.
A 14-year-old girl reporting a violent rape inside a bathroom at Rockville High School earlier this month.
18-year-old Henry Sanchez-Milian, an illegal immigrant, and 17-year-old Jose Montano have both been charged with the crime.
But Sanchez-Milian’s attorney has his doubts.
“Initially, there was a quick conclusion by the public,” said Andrew Jezic. “Understandably, that this was a violent, forceable rape, where the victim was completely helpless.”READ MORE: Ruppersberger Drops Facebook Over Company's Handling Of Misinformation & Hate Speech
Jezic says the encounter was consensual, and explicit texts and photos on Montano’s phone prove it.
“There was an agreement the night before, and also actions taken by both of them, to meet in the middle of the morning on school property for one purpose. For a sexual liaison,” said Jezic.
But while those messages might shed some light on what happened before the incident, they may not hold up in court.
“This case should not be tried in the media,” said Lisae C. Jordan, with the Maryland Coalition Against Sexual Assault. “A promise to have sex, a text flirting, communications — those don’t mean that you consented to sex. You can always say no.”
Still, Jezic is convinced the messages he’s seen will show the courts what really happened inside Rockville High School.
Sanchez-Millian has not yet stood before a judge. His first hearing is scheduled for about two weeks from now.
Sanchez-Milian entered the US illegally, and on Friday, his father was detained by ICE and ordered to appear in an immigration court.MORE NEWS: Police Ask For Public's Help Finding Missing Baltimore County Teen