Younger Rockville High rape suspect also contends sexual contact was consensual

[mystery-ak]

 By Dan Morse March 27 at 7:08 PM

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.

more
https://www.washingtonpost.com/local/public-safety/rockville-high-school-rape-suspect-contends-sexual-contact-was-consensual/2017/03/27/b19d06ea-1332-11e7-9e4f-09aa75d3ec57_story.html?utm_term=.c289b07f0c25

[Frank Cannon]

So why was the other illegal there? As a translator or fluffer?

[Fishrrman]

This changes the dynamics of this incident considerably, regardless of the girl's age.

I don't know Maryland's exact law, but due to the closeness of age between the victim (15) and Montano (17), even "statutory" rape may not be applicable to counter the defendant's claim of "consent".

If such text and pics exist, it's going to make getting a conviction somewhat more challenging.