Sexual Assault Response Network Program (SARN)

The 2023 Montana Legislature established the statewide Sexual Assault Response Network (SARN) Program via House Bill No. 79 within the Office of Victim Services and the Special Services Bureau of the Department of Justice to improve and enhance sexual assault response in Montana.

SARN Program responsibilities include:

FAQs about Sexual Assault

In Montana, “sexual assault” is an all-encompassing term for crimes related to sexual violence. These FAQs help answer some of the most commonly asked questions.

Pursuant to 45-2-101, MCA, “sexual contact” means touching of the sexual or other intimate parts of another person directly or through the clothing to purposely or knowingly:

  • cause bodily injury (pain, bruising)
  • humiliate (survivor’s perception), harass (repetitive, annoying), degrade (power, control, demean, with or without an “audience”)
  • arouse or gratify the sexual response or desire of either party (arousal, stimulation, comments, bodily reaction)

Sexual or intimate parts of the body can include but are not limited to the breasts, buttocks, thighs, groin, vagina and penis. Other parts of the body can be classified as intimate or sexual if the contact stimulates either person (i.e., fetishes such as feet, toes, neck, etc.)

In Montana, a person under the age of 14 years of age is unable to consent to sexual contact if the suspect is 3 or more years older.

In Montana law, “rape” is defined as “sexual intercourse without consent”. Pursuant to 45-2-101, MCA, sexual intercourse without consent means penetration, however slight, of the:

  • vulva (vaginal components), anus, or mouth of one person by the penis of another person
  • vulva (vaginal components) or anus of one person by a body member of another person or by a foreign instrument or object manipulated by another person

to purposely or knowingly:

  • cause bodily injury (pain, bruising)
  • humiliate, harass, or degrade (survivor’s perception, suspect’s actions)
  • arouse or gratify the sexual response or desire of either party (arousal, stimulation, comments, bodily reaction)

In Montana, this crime is always a felony offense; a person under 16 years of age is unable to consent to sexual intercourse.

Pursuant to 45-5-501, MCA:

  • “An expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn.” Examples of verbal and non-verbal cues that may indicate consent is not given or is withdrawn include:
    • “No”
    • “Stop”
    • Not engaging
    • Whimpering
    • Crying
    • Freezing
    • Moving Away
    • Fighting
    • Silence
    • Defensive body posture
  • Consent isn’t automatic because:
    • You currently are in a relationship
    • You previously were in a relationship
    • Of what you are wearing
  • Consent isn’t based on just one moment:
    • Consent includes what happens before, during, and after a sexual encounter
  • Consent CAN’T be given when:
    • Force is used. “Force” means:
      • the infliction, attempted infliction, or threatened infliction of bodily injury or the commission of a forcible felony by the offender, or
      • the threat of substantial retaliatory action that causes the victim to reasonably believe that the offender can execute the threat. (45-5-501, MCA)
    • The victim is:
      • In the case of sexual contact, less than 14 years old and the suspect is 3 or more years older
      • In the case of sexual intercourse, less than 16 years
      • Developmentally disabled
      • Injured or has impaired thinking
      • Drugged or intoxicated
      • Medically incapable
      • Neurologically impaired
      • Physically helpless or feels physically helpless. (The survivor’s perception may include the suspect’s size, physical location of the sexual act, constant pressuring by the suspect, body language of the suspect, or intimidating actions of the suspect.)
      • Overcome by deception, coercion, or surprise.
      • A witness in a criminal investigation or a person who is under investigation in a criminal matter and the perpetrator is a law enforcement officer who is involved with the case in which the victim is a witness or is being investigated.
      • confined or incarcerated in a correctional facility, detention facility, or treatment facility or is on probation/parole.
      • receiving services from a youth care facility.
      • admitted to a mental health facility, community-based facility, or residential facility or is receiving community-based services.

Additional resources:

OVS

Educational Video Resources

Production of these educational videos was supported by Grant No. 2020-AK-BX-0030 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. For more information and support, contact the Montana Department of Justice Office of Victim Services at 406-444-3653, [email protected], or visit the Office of Victim Services Homepage for helpful resources.

For more information, contact:

Hope Stockwell, SARN Coordinator

E-Mail: [email protected]
Phone: 406-444-9869