Legal Question in Criminal Law in Montana

Sex with Consent

Can an individule be accuited for sexual intercourse without consent if the victim is 15 and the offender is 20? Considering the Evidence has shown the following:

The victim has lied about her age to the defendant, in addition,the victim has been having sexual intercourse with other males over the age of 18 the week prior to the accusation. No Evidence of Force, Fear, or Threats.

Or should it be plead down to a lessor charge?


Asked on 7/25/03, 8:21 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Sex with Consent

I think the age issue is the only one that would be helpful based on the limited facts you provided. If she had told the accused that she was 16 or older and the accused reasonably believed it to be so, there is a defense there. Will a jury believe it? Who knows. Will a prosecutor believe it? Maybe. A person under the age of 16 is presumed to be incapable of consenting and that is the reason for the charge, sexual intercourse without consent. Do not contact the "victim" or you could be charged with witness tampering and do not have anyone else contact the victim on your behalf - same reason. You should have your lawyer or investigator find out whether or not this young woman has lied to others and the accused about her age. Good Luck.

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Answered on 7/26/03, 4:24 pm


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