Montana Marital Rape Statutes

Montana's marital rape exception applies in cases where the alleged victim is either on probation from a a correctional facility, is a patient in a mental health facility, a residential facility, or receiving comparable services and the alleged perpetrator is in a position of authority over the victim. There is also an exemption where the alleged victim is under 16.

Current Montana Law

An aggrieved spouse can charge an offending spouse under the following provisions:

Sexual Assault

Under 45-5-502(1) a person who knowingly subjects another to any nonconsensual sexual contact commits sexual assault.

Under subsection (5) (a) Subject to subsections (5)(b) and (5)(c), consent is ineffective under this section if the victim is:
     (i) incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation or parole and the perpetrator is an employee, contractor, or volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search; 
     (iii) receiving services from a youth care facility, and the perpetrator:
     (A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and
     (B) is an employee, contractor, or volunteer of the youth care facility; or
     (iv) admitted to a mental health facility, is admitted to a community-based facility or a residential facility, or is receiving community-based services, and the perpetrator:
     (A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and
     (B) is an employee, contractor, or volunteer of the facility or community-based service.
     (b) Subsection (5)(a)(i) does not apply if one of the parties is on probation or parole and the other party is a probation or parole officer of the supervising authority and the parties are married to each other. 
     (c) Subsections (5)(a)(iii) and (5)(a)(iv) do not apply if the individuals are married to each other and one of the individuals involved is a patient in or resident of a facility, is a recipient of community-based services, or is receiving services from a youth care facility and the other individual is an employee, contractor, or volunteer of the facility or community-based service.

Sexual Intercourse Without Consent

Under Section 45-5-503(1) a person who subjects another to nonconsensual sexual intercourse commits the offense of sexual intercourse without consent.

A person may not be convicted under this section based on the age of the person's spouse, as provided in 45-5-501(1)(a)(ii)(D) (which states that a minor under 16 cannot give consent).

Penalties

A person convicted of sexual assault can be fined up $500 and/or imprisoned for up to 6 months. If the victim is under 16 and the offender is 3 or more years older or if the offender inflicts bodily injury upon anyone during the commission of the act, the offender will be punished by life imprisonment or for a term not less than 4 years and may be fined up to $50,000.

A person convicted of sexual intercourse without consent faces up to 2 years but not more than 100 years and may be fined up to $50,000. If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury upon anyone during commission, the offender may be punished by life imprisonment or by imprisonment for a term of not less than 4 years or more than 100 years and may be fined up to $50,000.

Find an Attorney

If you have been charged with marital rape in Montana, you may face a lengthy prison term and/or stringent fees. Marital exemptions apply only in very specific situations. Find an attorney to protect against possible prosecution and/or conviction.