18-year-old Henry Sanchez Milian and 17-year-old Jose Montano, are both facing first-degree rape and first-degree sexual offense charges in Maryland after being accused of raping a female classmate in the high school bathroom.
“Victim A was holding a sink to avoid going into the bathroom when Montano grabbed her hand and pulled her into the stall,” police said in a report. According to investigators, Sanchez Milian then joined then in the stall to take part in the rape.
According to local reports, Sanchez Milian crossed the border last August, and was detained for 12 days at a refugee settlement. Apparently, he was released and given notice to appear in court but a date wasn’t set at the time because he wasn’t a priority case as he didn’t have a criminal record or gang affiliation.
Sanchez Milian’s attorney claims the teen was fleeing gang violence in Guatemala. The attorney also told WUSA 9 that the act between the teen girl was consensual and there may not be a four-year age difference between them.
“There were no scratches, no bruises. There was no hitting, there was no screaming, there was no running immediately to some sort of security officer,” attorney Andrew Jezic told CNN.
Local news outlets are reporting that the Montgomery County School districts said they have received hundreds of racist and threatening calls including some to “shoot all immigrants.” The alleged crime has sparked national outrage.
“While some would try to make this into a question and issue of immigration, what comes down here is we serve every student who walks through our door. We are a public school system, and we serve all of our students when they come to us,” Jack R. Smith, superintendent of the Montgomery County Public Schools reportedly said during a Tuesday afternoon press conference.
The two men will remain in custody until hearings set for March 31 and April 14.