Illegal Immigrants

Maryland rape case: Defense claims girl texted suspect about sex, sent explicit images

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Defense attorneys for one of the illegal immigrants accused of raping a 14-year-old girl in a high school bathroom in Rockville, Md., have claimed that the accuser agreed to have sex with the defendant and texted him "explicitly compromising" images of herself. 

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In a motion for bond review filed Monday, attorney David Wooten said the girl engaged in a text conversation with 17-year-old Jose Montano the day before the alleged assault. During that conversation, Wooten claimed the girl "acknowledged that she had already engaged in sexual activity with [Montano] previously, and asked if he liked what she had done."

The filing went on to say that the girl agreed to have sex with Montano the following day during gym class. Wooten argued that the new evidence showed that Montano "appears to be actually innocent, and should be released forthwith."

Fox News has not seen the texts.

Montano and 18-year-old Henry Sanchez, both Guatemalan nationals, were arrested March 17 charged with first-degree rape and two counts of first-degree sexual offense. Prosecutors said the two raped the girl at Rockville High School on March 16. Montano was charged as an adult.

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Adolfo Sanchez-Reyes, the 43-year-old father of Henry Sanchez, was arrested Friday after a review found that he, too, was in the United States illegally, a spokeswoman for U.S. Immigration and Customs Enforcement confirmed on Monday.

Sanchez-Reyes was being held in the Howard County Detention Center and was ordered to appear in immigration court, the ICE spokeswoman added.

The girl was walking in a hallway when one of the suspects asked her to have sex and she refused, police said. They added that Montano forced her into a boy's bathroom stall before they raped her.

Federal law requires public schools to admit students even if they are in the country illegally.

"As a mother of two daughters and grandmother of four young girls, my heart aches for the young woman and her family at the center of these terrible circumstances," Education Secretary Betsy DeVos said last week. "We all have a common responsibility to ensure every student has access to a safe and nurturing learning environment."

Fox News' Doug McKelway and The Associated Press contributed to this report.