What Constitutes Statutory Rape?
In Montana, the legal definition of rape is “sexual intercourse without consent.” As inferred by the name, it simply means that one person was subjected to intercourse without being a willing participant. But what is meant by statutory rape? It is not a term found in the state code governing sexual assault. Statutory rape occurs under certain circumstances that also constitute sexual intercourse without consent. The focus is on the consent component. In a case of alleged rape, there may be a disagreement as to whether the intercourse was consensual. A case that goes to trial will leave it up to a jury to decide whether non-consensual intercourse occurred. But