According to Albuquerque Journal report the 15-year-old girl who may not have been aware of what was happening, because she was high on alcohol intake before she was raped by Ben.
Aguilar later confessed to detectives that he recorded the rape on his cellphone and took nude photos of the victim but deleted the files.
He allegedly raped the teen multiple times at the Albuquerque party in February almost six weeks ago.
Aguilar was charged Wednesday with criminal sexual penetration in the second degree and contributing to the delinquency of a minor. He admitted to purchasing alcohol for the teens who were all in high school.
Felicia Romero, Bernalillo County Sheriff spokeswoman said on Wednesday: ‘Interviews revealed corroborating information of the assault and the party.’
‘Detectives then made contact with the female victim’s parents and assisted with getting medical care for the injuries sustained from the assault.’
Aguilar appeared in court Thursday where his ex wife testified about his past sexual tendencies.
Shannon Everett told the court: ‘When we first got together I was 15 and he had told me he was 18 and I found out a couple months later that he was actually 25.’
Everett said she learned her ex husband was arrested when someone messaged her on Facebook.
Aguilar will be released to pretrial services if he posts a bond of $7,500. He will have to wear a GPS device.