Pasco County deputies say a 14-year-old boy raped a 15-year-old girl at the school's softball field
3:07 PM, Nov 6, 2013
8:49 AM, Nov 7, 2013
PASCO COUNTY, Fla. - A 14-year-old boy is accused of raping a 15-year-old girl at Land O' Lakes High School Monday, Pasco County deputies say. Now, the boy's attorney is speaking out on his behalf and saying the finger is being pointed at the wrong person.
"He didn't do this," said Jaime Garcia, a defense attorney hired by the boy's family. "You can see the innocence in his eyes."
Deputies say it happened at the school's softball field around 2:15 p.m. Monday, just after school let out.
An arrest affidavit states the the girl was forced to have oral and vaginal sex. She reportedly told authorities her attacker threatened her with knife.
During part of the assault, the accused allegedly wore a condom, an arrest report states.
Deputies say they found a condom at the crime scene. A knife was not recovered, according to Melanie Snow, spokesperson for PCSO.
Garcia told ABC Action News it is what the arrest report does not say that has him speaking out.
"My client is the one that went to law enforcement officers afterwards to report this," he said.
According to Garcia, his client and the teen dated. But, just a couple weeks ago, his client broke it off.
Garcia told ABC Action News he has evidence that proves the boy was lured to the field by the girl in the days leading up to the incident.
"The alleged victim may have been the aggressor in this by sending as children call it, sexting, as far as naked pictures of herself as well as provocative emails, texts or Facebook postings [to my client]," Garcia said.
According to deputies, when they questioned the boy, he admitted to putting on a condom in front of the girl but denied raping her.
Garcia contends that his client fooled around with the girl and admittedly put a condom on. However, Garcia claims at the last minute, his client decided he did not want to lose his virginity to his ex and stopped the encounter.
"I think that hit too close to home for her," Garcia explained.
Garcia added that his client informed the school resource officer about what occurred immediately following the encounter because he felt pressured by the girl to engage in sex acts.
The school resource officer then decided to interview the girl and subsequently called the authorities, Garcia said.
Garcia said he is also questioning the allegations that the boy was armed with a knife.
"The actual description of the knife is a knife. There is no description of the length, the color, the handle," he said.
He added that there are other concerns in the case as well.
"Throughout all of this, there hasn't been one mention of any physical bruises, cuts, abrasions, a slap or anything on anybody," he added.
ABC Action News is not naming the 14-year-old because he is a juvenile.
He is now charged with sexual battery and is being held at a juvenile detention center. He appeared in court this morning.
"He was visibly shaking and crying in court today because he is attesting he did not do this," Garcia recalled.
The Pasco County Sheriff's Office has declined to comment on the case. In addition, ABC Action News was not able to talk to the girl because her name is not being released in order to protect her identity.
Linda Cobbe, spokesperson for Pasco County schools, told ABC Action News allegations like this are taken very seriously.
"That is under our zero tolerance policy and we don't stand for it," explained Cobbe.
"That is why we have expulsion and we refer it to law enforcement."
She added that the girl's counselor has been notified and social services in the school is helping.
According to Garcia, school leaders are meeting Tuesday morning to decide whether to suspend or expel his client.
Garcia noted that his client is an A and B student and respected member of the marching band. He also volunteers are a local church.
"He's never been in trouble before," Garcia concluded.