Judge Hackner sentenced Mr. Payz-Reyes, who communicated through an interpreter, to a suspended sentence of a year in jail and three years of supervised probation. If he violates his probation, he will serve the full sentence, despite the fact he's been in jail since his arrest Aug. 12.

Second-degree assault includes any contact or touching of another person, Judge Hackner said.

Kristin Fleckenstein, spokesman for the State's Attorney's Office, said the evidence for the rape charges just wasn't there.

"We simply did not have the evidence to move forward on a sex offense," she said following the hearing.

The case was based on tenuous statements and a trial would have presented an "insurmountable" challenge for the prosecution, she said. As they investigated and prepared for the trial, "it became more and more obvious that we would be unable to proceed with the original charges," Ms. Fleckenstein said. The alleged victims in the case and their parents were in agreement about the plea, she said.

During the hearing Assistant State's Attorney Pamela Alban said a group of about 20 girls from the Shepherd Pratt Health System in Baltimore were taking a field trip to the park that day. A group of girls broke away from the rest and were swimming unsupervised when they saw Mr. Payz-Reyes.

"He said 'Hello,' the girls responded, and he watched the girls play for a while," Ms. Alban said.

During that time, he had "unconsented contact" with the 13-year-old victim, she said. The girl didn't report the incident until the group was leaving the park, when she pointed out Mr. Payz-Reyes and told the staff what had happened.He was arrested that day and was incarcerated until yesterday afternoon.

Mr. Payz-Reyes admitted to having unlawful conduct with the victim, Ms. Alban said.

She also said that the plea was made in coordination with the victims of the case.

"This plea was not something that we entered into lightly," she said, noting that it was also in the best interests of the victim not to go to trial.

The girl was recently released from the Shepherd Pratt system and that a contested trial would be difficult for her, Ms. Alban said.

Mr. Payz-Reyes' lawyer, Ron Ernest, said his client had been drinking at the time of the offense.

"He regrets extremely that this happened," Mr. Ernest said.

Mr. Payz-Reyes declined to speak during the plea hearing.

As part of his sentencing agreement, he also will have to submit to a sex-offender evaluation and to any treatment that may be necessary. He will also be evaluated and treated for alcohol and substance abuse and may not have any contact with either victim.