One of the Rockville High School students charged in a reported rape said the act was consensual.

Henry Sanchez Milian is being represented by attorney Andrew Jezic. Jezic said not only was the act with a teenage girl and another male consensual, but there may not be four years’ difference between the victim’s age and Sanchez Milian.

RELATED: Rockville rape sparks questions and national attention

Police said the 14-year-old girl was approached by Sanchez Milian, 18, and Jose Montano, 17, in a school hallway earlier this month. When she refused to have sex, they forced her into a boy’s bathroom stall at school, police said.

Montano and Sanchez-Milian are in the 9th grade at Rockville High School.

The incident has sparked outrage not only because of the reported act itself, but also because Sanchez Milian has an “alien removal case” pending.

The teen crossed the U.S.-Mexico border near McAllen, Tex. In the Rio Grande Valley in August 2016, according to U.S. Immigration and Customs Enforcement.

Sanchez Milian’s lawyer said he was fleeing from threats and gang violence in Guatemala.

RELATED: ICE: Md. high school rape suspect entered US illegally

He was detained at a refugee resettlement center for 12 days because he was a minor. Sanchez Milian was released and given notice to appear in immigration court, but a date wasn’t set because he wasn’t a priority case. Priority court dates are given to illegal immigrants with criminal records or have a gang affiliation.

Sanchez Milian and Montano are both charged as adults with first-degree rape and two counts of first-degree sexual offense. They’re being held without bond.