Prosecutors have dropped rape charges against two illegal aliens who were accused of sexually assaulting a 14-year-old girl at a high school in Rockville, Maryland.

In a stunning turn of events, Judge James Sarsfield said the evidence suggests the group sex encounter was “consensual,” even though the alleged victim is only 14.

In Maryland, the age of consent is 16, but children ages 14 to 16 can legally consent to sex as long as their partner is not more than 4 years older.

The defendants aren’t off the hook yet, as they’re expected to be charged with child pornography because of explicit videos they taped of the group-sex encounter on their cell phones. The child porn charges carry a 5-year jail sentence.

Rockville High School became the center of a national debate about illegal immigration and sanctuary cities after illegal aliens Jose Montano and Henry Sanchez Milian were accused of raping and sodomizing a girl in the bathroom of her high school.

Montano, 17, and Milian, 18, had been assigned to the girl’s 9th grade class because they couldn’t speak English.

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At a felony dismissal trial, prosecutor John McCarthy argued that there was insufficient evidence to prove the sexual encounter was rape.

“Due to the lack of corroboration and substantial inconsistencies from the facts that we have obtained from multiple sources since the filing of the original charging document, the original charges cannot be sustained and prosecution is untenable on those charges,” McCarthy said at a press conference (via Bethesda Magazine).

Prosecutors said security camera footage shows the girl willingly went with the defendants to the bathroom of Rockville High School. The girl initially told police that Jose Montano and Henry Sanchez Milian had pushed her into the bathroom, where they took turns raping her.

Defense attorney Maria Mena, who represents 18-year-old Milian, said security footage contradicts the girl’s version of events. Judge Sarsfield agreed.

“If you look at the school footage, you will be able to see her running across the hallway to meet up with our client,” Mena said. “She goes downstairs. She walks to the bathroom. They’re making out. She was not pushed into this bathroom; she walked into this bathroom. And that’s why I say the state did the correct thing.”

Last month, Maryland’s Republican governor, Larry Hogan, expressed outraged that an adult illegal alien is allowed to be in the same class as a high school freshman.

“Why is an 18-year-old man in a class with 13 or 14-year-old girls?” Hogan demanded. “Why was he allowed to enter the country after he was picked up for illegally crossing the border — both of them?”

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Meanwhile, many parents are furious that the rape charges were dropped. “‘I oppose that,” one man told WUSA-TV (see video). “They deserve to be deported. That’s a bunch of BS.”

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Samantha Chang

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Samantha Chang is a senior staff writer for BizPac Review. She is a financial editor and lawyer based in New York City.

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