The age of consent is the age where a person can legally consent to sexual intercourse with an adult. Without consent, the sexual intercourse is considered statutory rape , and the minor can press criminal charges against the adult. Montana is one of the few states that has a different age of consent for men and women. The age of consent for females is 16 years old, while the age of consent for males is 18 years old. In Montana, the age difference between the partners is irrelevant if one or both of them are below the age of consent.
Sexual Intercourse Without Consent
Sexual Intercourse with Minors | ASPE
By Jessica Gillespie. People who engage in sexual activity with children under the age of 16 may be prosecuted for statutory rape in Montana. In Montana, the age of consent is 16 years old. Code Ann. In statutory rape cases, in Montana and elsewhere, the determinative fact is age of the victim, and it does not matter whether the underage person acquiesces to, or even pursues, the sexual relationship. Of course, people who commit sex acts against others by force or without their consent can also be charged and convicted of sex crimes or assault or both.
Montana Code Annotated 2019
You should bring all of the court-related documents you have received from law enforcement and the court. This may include the charging documents e. The potential penalties for conviction of Sexual Intercourse Without Consent are among the most severe in the Montana criminal law and depend on the nature of the conduct involved and the age of the alleged victim. The following potential penalties are by no means all-inclusive.
This section focuses on laws addressing sexual intercourse. As the first column in Table 1 shows, the age of consent varies by state. In the majority of states 34 , it is 16 years of age.