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Man Accused of Raping 11-year-old on Birthday Appears in Court

By Mahsa Saeidi, Reporter
Published On: Aug 09 2012 01:22:43 PM CDT
Updated On: Aug 06 2012 09:24:11 PM CDT
Suspect In Court
JACKSONVILLE -

Two brothers have been charged for allegedly raping an 11-year-old girl on the night of her birthday.  One brother had his first appearance in Onslow County District Court on Monday.

Kyle Day, 22, of Jacksonville, faced a judge for charges including First-Degree Statutory Rape on a Child, Statutory Rape of a Person who is 15 years old, and Indecent Liberties with a Child.

Day's 17-year-old brother, Forest Lake, was turned in to authorities last week, according to Onslow deputies. Lake, of Sneads Ferry, was charged with First-Degree Statutory Rape on a Child, and Indecent Liberties with a Child.

On April 6, according to warrants, Day and Lake, had sex with the then 11-year-old victim while she spent her birthday at a friend's house. Day and Lake are brothers of the victim's friend.  Throughout April, Lake allegedly had sex with the victim two more times, deputies said.

Day faces the additional charge of one count of Statutory Rape of a Person who is 15 years old for an alleged offense on another victim. According to court documents, somewhere between the dates of June 9 through June 12, Day and a 15-year-old broke into a house in Topsail Beach and had sex.

Warrants state that Day lives on the 400 block of Holly Drive.  Neighbors said Day and Lake lived in the home with family.

"It's just really sad to see," said Dominick Mcclain. 

Mcclain lives nearby and does not know either suspect.

"Kids all the time, they walk around the neighborhood, they are out all times of the night," said Mcclain. Mcclain is worried because he has two younger siblings.

A neighbor, who wished to remain anoymous, was surprised at Day's arrest but it's not the first time Day has gotten in trouble with the law.

According to the NC Department of Correction website, Day has previously been convicted of Larceny, Felony Breaking and Entering, and Burning Private Property.

Day is currently being held in Onslow County jail on a $300,000 bond.  He is due back in court on August 27th.