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Student charged with felony in 2006 rape

DACULA - A Dacula high school student faces rape charges after a former acquaintance told authorities he forced her into sex when she was 13.

Brandon Pate, 17, allegedly snuck into the girl's Dacula home, pinned her down and had sex with her against her will in late 2006.

The incident came to light last month when the alleged victim, now 15, was busted at Mill Creek High School for selling marijuana, and her father threatened to have her drug-tested and screened for sexual activity, according to a police report.

The girl then confessed that Pate had raped her sometime between November and December 2006 - she couldn't recall exactly when, the report says. Her father contacted police to report the alleged sexual assault.

Pate was arrested Friday and charged with felony rape. He remains at the Gwinnett County Jail without bond. He's also a student at Mill Creek, a Gwinnett schools spokesperson said Monday.

According to the report, the girl had arranged for Pate to pick up a friend of hers and bring her to spend the night at the Dacula home hours before the alleged rape occurred. Pate did so and left, the report says. The girls "hung out eating Butterfingers and watching Full House" until Pate returned after 2 a.m., she told police.

Pate climbed through her window and asked when she "was going to give it up," to which she replied "never," which prompted the attack, the report says.

Pate has been arrested twice before in Gwinnett. Police picked him up in July 2007 on aggravated assault charges, then on Nov. 16 last year on allegations of theft by taking, jail records show.

Police advised the girl's father on available remedies for victims of sexual assault. The elder told police he's been in contact with a rape crisis center, the report says.