The age of consent is the age where a person can legally consent to sexual intercourse with an adult. Without consent, the sexual intercourse is considered statutory rape, and the minor can press criminal charges against the adult.

Age of Consent for Men and Women

Montana is one of the few states that has a different age of consent for men and women.
The age of consent for females is 16 years old, while the age of consent for males is 18 years old.

Homosexual Conduct

However,  the age of consent  for homosexual conduct is 18 years old, regardless of the person’s sex.

Difference of Age between Partners

In Montana, the age difference between the partners is irrelevant if one or both of them are below the age of consent.

No Consent for Persons under 16

Unlike most other states, Montana does not allow persons below the age of consent to have consensual sex even if they are close to the same age. For example, in most states, if 2 people are below the age of consent while above a certain minimum age, often around 13 or 14, but close to the same age (for example, within 3 years), they can legally consent to sex.

Consulting an Attorney

If you are accused of rape or are a victim of rape, then a criminal defense lawyer can help you. An experienced lawyer can either clear your name or help you seek legal recourse. He can help you file the appropriate paperwork in court and speak on your behalf.