These crimes are not always very easy to prosecute.
How would you explain, as a prosecutor, that someone was previously accused by a girlfriend of raping the girlfriend's child, got out on bail, went back to live with the girlfriend - and now she is accusing him a second time?
To a cynical judge this might look like a crazy woman in a domestic dispute who was prone to making allegations.
That judge is going to grant bail, especially if he is a liberal.
Perhaps I’m a bit apt to side on the child’s side. I’m not really concerned what an illegal immigrant feels are his rights...especially.