A former student at Mount Baker High School was found not guilty of raping a classmate, after a weeklong trial in Whatcom County Juvenile Court.

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A former student at Mount Baker High School was found not guilty of raping a classmate, after a weeklong trial in Whatcom County Juvenile Court.

The boy, now 17, was charged with second-degree rape for allegedly forcing his female classmate, now 15, to have sex with him in October 2008.

After listening to closing arguments from the boy’s public defender, Sean Devlin, and from prosecutor Kyle Moore on Friday, Commissioner Thomas Verge acquitted the boy of the charge. Verge said the boy had not been proven guilty beyond a reasonable doubt.

The Bellingham Herald does not identify juveniles unless they are charged as adults or are involved in crimes that cause significant injury or death.

The boy was alleged to have brought the girl and her friend, now 17, to his house on Oct. 10, 2008. They spent several hours at his house, each drinking a beer the boy provided.

Both girls then reported feeling sleepy, and eventually they went up to the boy’s bedroom, where all three fell asleep in his bed, which was a little more than 3 feet wide, according to testimony in court Friday.

The 17-year-old girl testified that she woke up shortly afterward to hear the boy raping her friend. She testified that she then left the room, went outside the house and waited for her friend to come downstairs.

Verge said he doubted that the incident could have happened in such a small bed with three grown teenagers.

Devlin said the girls’ testimony in court and statements to an investigating sheriff’s deputy contradicted key parts to their stories, and said they initially omitted other parts.

Both girls had written their names on the boy’s bedroom wall, but did not mention that until charges had been filed, he said. Once the criminal charge was filed, the girls said they signed the wall so they could show they had been there and prove the rape had occurred, Devlin said.

Yet the boy’s younger brother testified that he had been in the room earlier that day playing video games when both girls came in to sign the wall, Devlin said.

The brother also testified that he had been across the hall with his door open and said that at no point were all three teens in the bedroom together, Verge said.

Verge said the brother’s testimony was the most credible presented at trial, while the testimony of the girls strained their credibility. Verge said they had a clear account of the events that would prove the boy guilty, but had unclear, spotty accounts of the rest of the night.