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Hearing Delayed for Teen Accused of Rockville High School Rape

UPDATE: Rape charges against Jose Montano and Henry Sanchez Milian were dropped, prosecutors said May 5, 2017.

A preliminary hearing has been delayed for a 17-year-old charged with raping a fellow student in a Maryland high school bathroom. 

Jose Montano and another student, 18-year-old Henry Sanchez, are charged with assaulting the 14-year-old girl at Rockville High School. 

A hearing scheduled Friday in Montgomery County was delayed a week at prosecutors' request. 

On Thursday, a judge rejected a defense request to release Montano on bail. His lawyers say the sex was consensual, and text messages show the girl agreed to sex. 

On Thursday, a judge rejected a defense request to release Montano on bail. His lawyers say the sex was consensual, and said they have text messages showing the girl said she would have sex with him. Sanchez's lawyer also said the sex was consensual. 

The judge ruled the text messages did not bind the girl to have sex with multiple partners. The charging documents say the 14-year-old was dragged into the bathroom and tried to resist the encounter.

The case received national attention after the White House called it an example of why President Donald Trump wants to crack down on illegal immigration. Officials say Sanchez came to the U.S. from Guatemala illegally.

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