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UPDATE: Alleged Rape Victim Ordered To Remain In Custody

SACRAMENTO (CBS13) - A 17-year-old remains jailed for not attending the trial of the man who allegedly raped her, but the presiding judge apologized for the situation Friday and said he will revisit her situation on Monday.

The teen is being held after Sacramento Superior Court Judge Lawrence Brown ruled she likely would not attend the new trial for Frank Rackley, who allegedly kidnapped and raped her. She appeared with her attorney, Lisa Franco, on Friday seeking to be released from Juvenile Hall.

"She is suffering emotionally, dealing with being a victim of sexual assault, being isolated her support group, from her family," Franco said.

Brown declined to release the teen but also apologized.

"I can't tell you how terribly sorry I am you're in the circumstance that you're in. It's certainly bizarre to say the least," Brown told the teen.

The girl has been behind bars for more than a week after she has missed two court dates. She's in custody to ensure she shows up to trial in two and a half weeks.

Assitant District Attorney Alan Vanstralen was almost apologetic but stood by his request to keep the teen locked up.

"Her release would seriously jeopardize the procesecution of that case," he said. "This is not something that we would ever really want to do, but the man charged with raping her is of course charged with very serious crimes."

Franco asked the judge to release her client and use a GPS monitoring device. Brown said he would consider that and put it on the calendar for Monday.

Rackley's trial does not start until the April 23.

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