MONTANA : Rape/Molestation Statutes of Limitation
A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault. "Without consent" generally indicates:
1. the victim is compelled to submit by force against the victim or another; or
2. the victim is incapable of consent because the victim is:
a. mentally defective or incapacitated;
b. physically helpless;
c. overcome by deception, coercion, or surprise;
d. less than 16 years old; or
e. incarcerated in an adult or juvenile correctional, detention, or treatment facility and the perpetrator is an employee, contractor, or volunteer of the facility and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search.
A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact with an ancestor, a descendant, a brother or sister of the whole or half blood, or any stepson or stepdaughter. The relationships referred to in this subsection include blood relationships without regard to legitimacy, relationships of parent and child by adoption, and relationships involving a stepson or stepdaughter.
The statute of limitations for sexual assault in Montana is 5 years after the commission of the act.
Bob sexually assaults Jane, who is 21 years old. Because she is an adult, she has 5 years after the incident took place to seek charges against Bob for his actions.
If the victim of sexual assault or incest is under the age of 16, s/he has 10 years after reaching the age of majority (18) to report the case.
Bob sexually assaults 15-year-old Jane. She is afraid to tell anyone what happened but decides at age 18 to report the crime. Jane has 10 years after her 18th birthday within which Bob can be prosecuted for his actions.
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