Rockville Immigrant Rape Case Ends With Charges Dropped

ROCKVILLE, MD — A Rockville High School student who was charged and then cleared of rape in a case that drew national attention, including condemnation from the White House, has had a possession of child pornography charge dropped, too. While Henry Sanchez-Milian, 18, of Aspen Hill, no longer faces charges linked to a planned sexual encounter with a 14-year-old girl who had accused him of the sexual assault only to later recant the charge, he remains in custody at the order of federal immigration authorities.

His attorneys sought to question the girl involved in the case, who reportedly had consented to sex acts with Sanchez-Milian, which her family objected to, Montgomery County prosecutors said. With that in mind, charges were dropped Friday to keep from harming the girl who has suffered mental-health issues.

“The parent of the victim expressed significant concerns that participation at trial would be detrimental to the physical and mental well-being of the child,” Assistant State’s Attorney Mary Herdman said in court, the Washington Post reports.

Sanchez-Milian's friend, Jose Montano, 17, originally from El Salvador, in August pleaded guilty to possession of child pornography for having a lewd image of the girl on his cell phone, reports The Washington Post. The pair were charged in March with raping the girl in a school bathroom during school hours.

But in May, authorities dropped the rape charges filed against Montano and Sanchez-Milian, saying the evidence in the case was inconsistent with the allegations. The girl had planned the sexual encounter with the two boys, according to text messages between the girl and Montano, said Andrew Jezic, the attorney for Sanchez-Milian. Rape charges were officially dropped on May 9 against the teens.

Patch does not normally name juveniles accused of crimes but not charged as adults. Attorneys for the teens have said, though, that they wanted full reporting of the case, including the names of the teens charged.
The images, according to the teens’ attorneys, had been sent by the girl to Montano who shared them with Sanchez-Milian. Montano was charged in juvenile court.

The case had received heavy attention around the country, including from the White House because of the brutality the girl reported and because the teens charged had entered the United States illegally. "This is a tragic event. It's horrendous, horrible and disgusting," said White House Press Secretary Sean Spicer on March 21, several weeks before the charges were dropped.

Montano's attorney, Jose Canto, told The Post that “I think he has a chance to get a green card.”

Meanwhile, Sanchez-Milian, who is a native of Guatemala, remains in custody by order of federal immigration authorities. His attorneys say he has never had trouble with the law before, is not involved in gangs, and they are attempting to seek legal status for him, The Post says.

(AP Photo/Brian Witte)