As a criminal act, rape is most commonly classified as a violent felony. Each state has its own laws regarding rape which define the act, although the wording may vary across the states. Generally speaking, rape is defined as unlawful sexual intercourse without a person’s consent, regardless of the victim’s gender identity or presentation.
There are many different circumstances in which a person may be charged with rape, which may include:
- When a person engages in sexual intercourse against another person’s will or without their consent by using:
- force;
- violence;
- duress;
- menace;
- fear; and/or
- fraud;
- When a person is too intoxicated to consent, and another person engages in sexual conduct with them;
- When a person engages in sexual conduct with another person who who is mentally and/or physically disabled, which prevents them from being able to consent to the sexual conduct; and
- When a person engages in sexual conduct with another person who is considered to be incapacitated, meaning that the victim was unaware that they are engaging in a sexual act. An example of this would be when the victim is asleep.
Are There Different Types Of Rape?
The different kinds of rape may be categorized depending on the factors that are present, such as the parties ages and relationship to each other. Different types of rape charges may include:
Statutory rape is defined as unlawful sexual intercourse with a person who is under the age of consent, regardless of whether the sexual act was actually consensual. The age of consent varies by state but is generally from 16 to 18 years of age. What this means is that a person who is 19 years of age and has sexual intercourse with another person who is two years younger, the older person may face statutory rape charges if their state’s age of consent is 18.
Date rape occurs when unlawful sexual intercourse is committed during a social engagement between the rapist and the victim. Date rape can also occur when a victim has been drugged and the rapist has sexual intercourse with them.
Martial rape is rape that occurs in a marriage, such as when a spouse forces a sexual act onto the other spouse without their consent. Martial rape has not always been recognized as an offense. However, as it is now considered to be a serious crime, the defendant cannot use marriage as a defense in a rape case.
Rape is a criminal act which may occur in many different scenarios when the legal criteria are met, not simply in the situations that are discussed above. Additionally, some states divide rape into degrees based on the seriousness of the offense. First degree rape may include severe physical injuries, and as such carries harsher punishments than second degree rape. Second degree rape may not involve any physical injuries beyond the incident itself.
What Is The Age Of Consent For Rape In Montana?
To reiterate, statutory rape occurs when someone who is over the age of consent has sex with someone who is below the age of consent, or a minor. When a person who is under the age of consent initiates sex with someone who is over the age of consent, the law still considers this to be statutory rape because that younger person has no legal right to give their consent.
In some jurisdictions, anyone can press charges for statutory rape. If someone who is over the age of consent has sex with someone who is under the age of consent, the older party can face incarceration even if the only person who is pressing charges is the arresting officer.
When the younger person lies about their age, the older person is generally still charged. This is because it is the older person’s responsibility to determine the real age of the individual, and to ensure that their actions are legal. The age of consent is the age in which a person can legally consent to sexual intercourse with an adult. Without this consent, the sexual intercourse is considered to be statutory rape, and the minor can press criminal charges against the adult.
Montana is one of the few states which has a different age of consent for those who are assigned male at birth, and those who are assigned female at birth. The age of consent for assigned females is 16 years old, while the age of consent for assigned males is 18 years old. However, the age of consent for homosexual conduct is 18 years old, regardless of the person’s assigned sex at birth.
In Montana, the age difference between the partners is considered to be irrelevant if one or both of them are below the age of consent. Unlike most other states, Montana does not allow those below the age of consent to have consensual sex, even if they are close to the same age. An example of this would be how in most states, if two people are below the age of consent while above a certain minimum age but are close to the same age (such as within 3 years), they can legally consent to sex.
What Are Some Possible Legal Consequences For Rape?
After a person reports an instance of rape to law enforcement, they will begin an investigation into the matter. When there is enough evidence, the perpetrator will be charged with rape and arrested. Depending on the circumstances of the case, bail may or may not be set. If the parties to the case do not reach a plea agreement, the case will proceed to trial.
In order to convict a defendant being charged with rape, the prosecution carries the burden of proof beyond a reasonable doubt. They must prove the following elements:
- The defendant was engaged in some form of sexual act or intercourse with the victim, although it is important to note that full penetration of sexual intercourse is not required for rape to have occurred;
- The sexual intercourse or sexual act was against the victim’s will, or without their consent; and
- The defendant engaged in sexual intercourse, or the sexual act, through an act of force, violence, duress, menace, fear and/or fraud as was previously discussed.
If the prosecution proves these elements beyond a reasonable doubt, and the defendant is convicted, there are numerous consequences that they may face if they are charged with rape. Generally, these would be felony conviction consequences if they are convicted of the crime.
They may also be required to register as a sex offender, which comes with many requirements and restrictions that they will be required to fulfill for many years, and possibly their entire lives. Charges may cause issues at their place of employment, school, and/or in their personal lives.
Rape is a serious crime and, as noted above, is considered to be a violent felony. Exact penalties for rape convictions vary by state and largely depend on the facts and circumstances of each individual case. The length of a person’s prison sentence will largely depend on the severity of the crime, as well as whether the defendant has any prior convictions for rape or other felonies. A conviction for rape may result in a life sentence for the defendant, depending on the facts that are shown at trial.
It is important to note that potential penalties and incarceration time increases if the offense involves a minor, or if the offense resulted in the death of the victim. Some states require a minimum prison sentence, or may require a court to impose a sentence that does not include probation or early parole.
In other states, the court may have more discretion in terms of the length of the defendant’s sentence, as well as regarding whether the defendant can serve any portion of their sentence on probation rather than in prison.
Do I Need A Lawyer For Help With The Montana Age Of Consent?
If you are accused of rape, or if you are a victim of rape, a Montana criminal defense lawyer can help you either clear your name or seek legal recourse.
An experienced attorney will help you understand your legal rights and options under Montana law, and will also be able to represent you in court, as needed.
