A Silver Spring man awaiting a second trial in the rape of a 15-year-old girl in 2001 was charged this week with sexually assaulting a different 15-year-old girl while he was free on bail, authorities said.
Brandon J. Silveira, 21, was charged Tuesday with first-degree sex offense, two counts of third-degree sex offense and extortion, according to court records. He allegedly had sex with a 15-year-old girl recently and then told her he would beat up her friends if she did not have further sexual relations with him, according to Montgomery County State's Attorney Douglas F. Gansler.
In the 2001 case, he was charged with first-degree rape, which is committing forced sexual intercourse while threatening the victim or an acquaintance of the victim with harm. In the recent case, he was charged with first-degree sex offense, which is essentially identical to first-degree rape except that it can include any forced sex act.
A Montgomery jury convicted Silveira in 2002 of first-degree rape, first-degree sex offense, second-degree assault and false imprisonment. The conviction was overturned on appeal in August. Montgomery County Circuit Court Judge Ann S. Harrington released Silveira on $50,000 bond Sept. 23.
About three weeks later, Silveira had sex with a 15-year-old girl and over the next two weeks repeatedly demanded that she perform oral sex, authorities said.
Henry Asbill, a lawyer who represented Silveira in his appeal before the Maryland Court of Special Appeals, declined to discuss details of the new charges, saying he did not know what the specific allegations are.
"I am unhappy that my client, while out on bond, has been rearrested and charged with a new offense," Asbill said. "Whether or not he did something wrong or somebody falsely accused him, I don't know."
Silveira is being held in the Montgomery County jail pending a bond hearing today on the new charge.
Authorities said he met the 15-year-old girl last month at a pizza parlor in White Oak and had sex with her. Later, Silveira told the girl he would beat up two of her friends if she did not perform sexual acts, and he also demanded that she pay him, authorities said yesterday.
The Washington Post generally does not publish the names of alleged sexual assault victims.
On Aug. 6, Maryland's second-highest court threw out Silveira's 2002 conviction, ruling that his right to a fair trial was compromised because his attorneys did not object to questionable testimony from a prosecution witness, Asbill said.
The jury had convicted Silveira of all six counts with which he had been charged, and he was sentenced to 25 years in prison. The alleged victim in that case was a 15-year-old girl whom police said Silveira had met a week earlier at a bus stop.
According to documents filed in Montgomery Circuit Court, Silveira and the girl were at Silveira's house smoking marijuana in August 2001 when Silveira made physical advances to the girl, who tried to leave. Silveira then forced her to perform numerous sexual acts while pointing a BB gun, designed to look like a real handgun, at her head, according to authorities.
Meanwhile, a friend of Silveira's watched through a hole in the bedroom door, authorities said. They said Silveira locked the girl in his bedroom, then returned a short time later and left the house with her. He allegedly gave the girl money and several bags of marijuana and threatened to hurt her if she told anyone.
The girl reported the alleged rape to a therapist at a psychiatric treatment center in Utah, where she was sent weeks after the attack, according to a police report. The therapist reported it to police Nov. 19, 2001. Silveira was arrested in April 2002.
In a written statement filed with the court before Silveira's sentencing, the girl said that she felt "far less than human" and that "the physical and emotional pain that I felt still lives in my mind."
In his trial, Silveira testified that he had sex with the girl but said she was a willing participant, according to court records.