ROCKVILLE, Md. — Prosecutors on Thursday said they have waived a rape case involving a Damascus High School student back to juvenile court.

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Montgomery County State's Attorney John McCarthy said Thursday they were scheduled for a reversal hearing involving the third of four individuals charged with first-degree rape.

"We did not contest the (Maryland Department of Juvenile Services') recommendation that he should be sent back to juvenile court," McCarthy said.

Defense attorney Shelly Brown called her 15-year-old client, who WUSA9 has not identified, as "immature." 

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"I think they should start with education and supervision of the children while they're on the property of Montgomery County Public Schools," Brown said. 

Brown said her client was also victimized. 

"He was hazed. I'm going to leave it at that," Brown said. "If the case goes to juvenile court, you will be made accountable for your actions. This isn’t an escape," Brown said. 

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Brown said they believe the case should've been charged as a hazing. 

McCarthy said he expects to litigate the next case involving a fourth individual who is charged as an adult. That case is scheduled for next Tuesday.

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