Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.
In Montana, sexual assault is defined under Montana Code Annotated (MCA) 45-5-502 as knowingly subjecting another person to any sexual contact without that person's consent. Consent is a crucial element, and lack of consent may be due to various factors, including mental incapacity, physical helplessness, or being under the legal age of consent. Aggravated sexual assault, particularly when the victim is a child, is addressed under MCA 45-5-507, which defines sexual assault of children and outlines increased penalties when the victim is under the age of 16. The law considers the age of the victim as an aggravating factor, which can lead to more severe charges and penalties, including longer prison sentences. The exact punishment for sexual assault or aggravated sexual assault of a child in Montana can vary depending on the specific circumstances of the case, including the age of the victim and the offender, the use of force or coercion, and the offender's criminal history.