Let's talk about sex

Let's talk about sex. School is starting again, which means that - whether we like it or not - young people are bound to start mingling. Having had many conversations over the last several years with parents, friends, and community members, it has become apparent that most people don't know the laws surrounding sex between young adults. So, let's talk about it. 

1. Age Limits: An age old phrase "Stat Rape", short for "statutory rape" is commonly used when talking about the laws surrounding sex between a younger person and an older person. Montana Law requires that a person be 16 years old to consent to sex. To put it bluntly, if someone is having sex with another person under age 16, that person is committing a serious crime. Let that sink in as you think about the young people you know having sex, and their ages. So, when your 15 year-old daughter comes home giddy about her 17 year-old boyfriend, it might be time to talk.
2. Consent: Consent related to sex is defined in Montana under M.C.A. 45-5-501. Consent "means words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact and is further described but not limited to the following: an expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn; a current or previous dating or social or sexual relationship by itself or the. manner of dress of the person involved with the accused in the conduct at issue does not constitute consent; and lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave consent." So, what does that actually mean? ​It varies, unfortunately, but it should be obvious. A solid YES. Or body language that tells you it is a solid YES. 
3. Alcohol and Consent: Ok, here is where things get tricky. Montana Law states that a victim is incapable of consent if the victim is incapacitated, which is further defined as being impaired to the extent the person lacks sufficient understanding or capacity to communicate responsible decisions concerning the person. See M.C.A. 72-5-101. In other words, if the lady or guy you are having sex with is drunk, they can't consent. Think for a second about the experiences you have had or the stores you have heard with young people having drunk sex. 

Why is this important? Mainly, because people don't even know these are laws. Young people are out having a great time, and the next thing you know they are facing a felony charge entitled Sexual Intercourse without Consent for having sex with their girlfriend/boyfriend who is under 16, or having sex after leaving the bar on a Saturday night. If the charge sounds scary, I assure you, the penalties are worse. See M.C.A. 45-5-503. Let's all take the time to talk to our kids, other people's kids, and the young people that we care about to educate them and let them know what the rules are. Let's not wait until we are sitting in a courtroom watching the life of a young person crumble in front of our eyes. Feel free to reach out with any questions about this issue.
​- Jill