Sexual Assault Law in Montana
Montana Legal Definitions
To read the legal definitions of sex offenses, click on the MCA number in the list below for a link to the relevant statute in the Montana Code Annotated (MCA). The term "rape" is not used in the Montana Code. Instead, the crimes usually thought of as rape are divided into the crimes of "sexual assault" and "sexual intercourse without consent."
MCA 45-5-502 describes the crime of sexual assault. Sexual assault requires "sexual contact."
MCA 45-2-101 (67) defines the term "sexual contact."
MCA 45-5-503 describes the crime of sexual intercourse without consent (SIWC). SIWC requires "sexual intercourse."
MCA 45-2-101 (68a) defines the term "sexual intercourse."
MCA 45-5-501 defines the term "without consent."
MCA 45-5-507 describes the crime of incest.
NOTE: Sexual intercourse without consent requires penetration of the mouth, anus or vulva, and sexual assault does not. This means that the location on the body where evidence is found can influence how a suspect is charged. Therefore, it is important that a rape kit be performed by physician or Sexual Assault Nurse Examiner, so there is no confusion as to where the evidence was collected from.
adapted from Montana Rape Kit Training Program
