ROCKVILLE, MD (WUSA9) - The attorney for one of the two students charged with rape at Rockville High School says it was "consensual."
Andrew Jezic is the attorney for 18-year-old Henry Sanchez-Milian. He is building a new body of evidence based on text messages.
Both the defense and prosecutors acknowledge these text messages exist.
Jezic insists there was consent between a 14-year-old girl and one of the male students charged. But victims' advocates caution this is an old trick.
A not-yet public string of explicit texts and photos are giving new ammo to defense attorneys.
A 14-year-old girl says she was raped by two of her classmates. She says it happened in a Rockville High School bathroom on March 16th.
Sanchez-Milian and 17-year-old Jose Montano are charged with raping the girl. Jezic says he's seen the texts between Montano and his accuser.
"There was an agreement the night before and also actions taken by both of them to meet in the middle of the morning for one purpose, for a sexual liaison," said Jezic.
Bridgette Stumpf is a sexual assault victims' advocate who spoke to WUSA9's Pete Muntean via Skype. She says even though the encounter may have been agreed to, it does not mean sex was.
"Consent is not ongoing. And whether or not it's true that explicit pictures were sent. Those do not convey in any way that this was young woman was not raped as she's claimed," said Stumpf.
Victim's advocates say that's not easy for juries to understand. Jezic is now certain his case will be.
"Initially there was a quick conclusion by the public, understandably, this was a violent forcible rape where the victim was completely helpless. Now we know the evidence will show that is just not the case," said Jezic.
© 2017 WUSA-TV