A Sierra Leone orphan had become an adult by the time he committed alleged sex crimes with underage girlfriends -- despite his claim that he's actually two years younger and was a minor at the time, a Dakota County district judge ruled on Monday.
It's not the first time age has been an issue for Samuel Benda, a media darling when he arrived in Minnesota in 2005. He was said to be 11 when adopted, but soon began insisting that he was two years older.
Until, that is, he was charged as an adult with two felony crimes in Dakota County.
His defense has been that he was not 18 at the time of the offenses in 2010 and that there's nothing to prove he was at least two years older than his alleged victim, an element needed for the act to be criminal.
On Monday, Judge Robert King pointed to Benda's long insistence that he was older and held him to it, despite his current claims.
Seven weeks ago, the Dakota County Attorney's Office charged Benda, 19, of Burnsville as an adult with third-degree criminal sexual conduct and possession of child pornography, both felony crimes, in connection with consensual relations with minors.
One victim told police that last year, when she was 15, they had sex three times in Lakeville. Benda was 39 months older, and court papers say the victim's mother told him in July 2010 that her daughter was 15. After they broke up, Benda threatened to share on Facebook the videos and images he said he had secretly captured of them having sex.
Police didn't find images of that girl when they searched his phone and computer. But they did allegedly find sexual images of a 17-year-old on his phone. Police interviewed her and she said that she knew they were taken, court papers say.