'Under 13 is under 13': Judge responds to attorney's claims that man charged with kidnapping & rape believed 12-year-old girl was college student

A missing girl was in his truck with him, police said. Baker appeared in court virtually Monday as more details emerged during the proceedings.

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The victim's father said Baker threatened to send out the girl's nude photos if she refused to meet with him.

Prosecutor Matt Lively said police received a report on Saturday that the defendant picked up the victim from an address in Durham and took her two hours away to Newport.

Baker's attorney said the 12-year-old had been posing as a college student and the two were in a "relationship."

The state said Baker admitted to sexually assaulting the girl. She was taken to WakeMed after she was found. At WakeMed, medical personnel performed a sexual assault kit. Baker was arrested with kidnapping and statutory sex offense with a juvenile younger than 13 years old.

"I don't need to see any pictures," Judge Stevens said. "I mean, under 13 is under 13. That's like a sixth or seventh grader."

The victim's father is still stunned at the allegations.

"She reported to us and police that she tried to stop him from sexually assaulting her, but he forced himself on her," the father said. "That's what we have to go by."

"I don't care what she did or what she wanted, she is a young child," said the victim's aunt.

WRAL News is not identifying the victim in this case, due to her age.

Baker is being held at the Wake County Detention Center under a $1.5 million bond, with orders to have no contact with the girl if he bonds out. He is due back in court in May.

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