The man arrested on Thursday on a charge of rape didn’t make a court appearance Friday but is still jailed on a 50-thousand dollar bond.

William Howard Diggs III, was arrested on the charge by Hutchinson Police after an investigation that began last month. The victim, a 12-year-old girl apparently told a school official who then reported the alleged crime.

The encounter between the two allegedly occurring sometime between Valentines Day and the spring break for Hutchinson School students. There is some question over whether the alleged rape was forced or consensual, but under Kansas law, it doesn’t matter, its rape either way because of the victims age.

Diggs didn’t make an appearance Friday because of the paper work for the arrest had yet to be taken to the clerk’s office of the District Court.

He should now make an appearance on Monday, unless he is able to post the bond, then it would come later in the week.