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View Diary: Judge sentences ex-teacher to 30 years for raping student who killed herself. No wait, 30 DAYS! (142 comments)

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  •  Correcting the record (0+ / 0-)

    In fact, there is another explanation: there are two different charges in their law, one called “Sexual Assault”  (45-5-502) and the other called “Sexual Intercourse Without Consent” (45-5-503). The law itself is arranged in a confusing way: it lists a number of definitions for 45-5-503 in paragraph 45-5-501; that is, paragraph 502 comes in between 501 (the definitions for 503) and 503 (its actual text). This is what confused me.

    For Sexual Assault, the law I cited applies (you can consent for the purposes of that paragraph if you are 14, thereby protecting your adult lover from rape charges). However, for Sexual Intercourse Without Consent, the definition given in paragraph 501 makes it clear that you must be 16 in order to consent (thereby inculpating your adult lover of illicit sexual intercourse). This amounts to transitional period for which a 14-15 yr old's consent mitigates but does not make completely legal the actions of an adult who has sexual intercourse with them.

    In other words, if an adult has sexual intercourse in Montana with someone age 14-15, they can be charged with illegal sexual intercourse, but not with sexual assault (a.k.a. rape). And that appears to be what happened in the Rambold case.

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