First-degree rape and sexual assault charges against illegal alien 17-year-old Jose Montano were dropped Friday afternoon. Montano, along with 18-year-old Henry Sanchez, was accused of raping a 14-year-old girl in a Rockville High School bathroom in March. They were held without bond by a judge due to flight risk and are both suspected of being MS-13 gang members.

Defense attorneys argued the rape was consensual while Rockville police maintained throughout the case the victim did not voluntarily participate in sexual acts. More from Fox 5 DC:

Montano and Sanchez-Milan were charged as adults in the case. They have been held without bond since their arrests. Montano's attorney told FOX 5 last month that sex between his client and the 14-year-old girl was consensual. In court, he told a judge the alleged victim exchanged sexually explicit text messages with Montano before the incedent agreeing to have sex with him. At that time, a judge explained that even if the girl had previously agreed to have sex with him, it doesn't mean she couldn't have changed her mind, and there is no evidence to show that she agreed to have sex with both suspects. At the same March 30 hearing, prosecutors claimed text messages between the two suspects would show a "conspiracy" to rape the girl, and plans to blackmail her into having sex with both of them. They also said photos of both suspects flashing MS-13 gang sign had been found on their phone, but attorneys for both suspects deny gang involvement.

Monatano is now facing child pornography charges. He could still face arrest and charges from I.C.E. due to his illegal status. Sanchez has a court date on May 12.

Montano being released from jail, but ICE may take him into custody. Defense attorney says agents were in court. #RockvilleHigh @fox5dc — Alexandra Limon (@AlexandraFox5DC) May 5, 2017