An Evanston Township High School student is being charged with criminal sexual abuse of a 14-year-old fellow student, according to a news release from the Evanston Police Department. But prosecutors are only bringing misdemeanor charges because the 14-year-old changed her original statement and told police the sexual contact was “partly consensual.”

The 14-year-old told her parents that a 17-year-old student forced her to have sex in a third-floor bathroom at ETHS shortly after school ended on Tuesday, Cmdr. Tom Guenther said. Her parents informed the school, which in turn called police.

EPD officers investigating the case worked with ETHS security and identified the 17-year-old involved. After conducting interviews with the victim and the suspect and analyzing video surveillance, officers found inconsistencies with the victim’s statement, according to the news release. The 14-year-old changed her original statement and told police the sexual contact had been partly consensual.

EPD then worked with the Cook County State’s Attorney’s Office to determine what charges to pursue. Representatives from the office advised the investigators that felony charges would not be approved because of the inconsistencies with the victim’s statement and because the acts were partly consensual.

Investigators are pursuing the case with misdemeanor criminal sexual abuse charges against the 17-year-old due to the fact that the victim is 14 years old, the news release said.