(CNSNews.com) – David Moyse, the attorney representing an 18-year-old illegal alien accused of rape, plans to argue that it wasn’t rape at all:
"This is an ongoing case, this just happened last Friday. And yes, the preliminary indications we have was that this was a consensual encounter, not a rape in any sense."
18-year-old Henry Sanchez-Milian, a Guatemalan citizen who was awaiting a deportation hearing, and 17-year-old Jose Montano, who came to America illegally from El Salvador eight months ago, are being held without bond on charges of first-degree rape and first-degree sexual assault.
The two young men, both enrolled at Maryland’s Rockville High School, reportedly as freshmen, allegedly dragged a 14-year-old girl into a boys’ bathroom and repeatedly attacked her last week.
Moyse, interviewed Thursday night by Fox News’s Tucker Carlson, said, “It certainly seems horrible that that would occur in our schools, even consensual -- it seems like something we wouldn't want in our community, but that doesn't have anything to do with whether or not it was forced or coerced or in any way illegal."
Moyse said as the case proceeds, “there’s a lot more evidence that will come out.” He said he is “ethically constrained from discussing details.”
“But this case will go through the courts, and the system will have evidence that comes out. It's not just what has been in the initial sensational headline,” he added.
Moyse said the suspect’s immigration status “is irrelevant to whether or not he did it. My job is to defend him and try to get to the bottom of the facts of whether or not he did.”
The 18-year-old suspect’s father hired Moyse’s law firm to defend his son, but the attorney refused to say who is footing the bill.