Bradley Seth Haynes has been charged with two counts of sexual intercourse without consent in Great Falls.
Court documents state that Haynes, 19 years old, had sex with a 14-year old girl, on two occasions in September 2022.
The teen said that Haynes knew she was only 14 years old.
According to charging documents, Haynes admitted to having sex with the teen, and said that he believed she was older than 14.
The phrase "sexual intercourse without consent" is the legal term used in Montana for rape.
NOTE: If you have been sexually abused or are the victim of domestic violence, help is available. You can contact a law enforcement officer, a pastor/clergy member, a trusted medical professional, or one of several agencies that can help, including Victim-Witness Assistance Services in Great Falls (406-315-1111) or the YWCA (406-452-1315).
From Montana Code:
45-5-501. Definitions. (1) (a) As used in 45-5-502, 45-5-503, and 45-5-508, the term "consent" means words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact and is further defined but not limited by the following:
(i) an expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn;
(ii) 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
(iii) lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave consent.
(b) Subject to subsections (1)(c) through (1)(g), the victim is incapable of consent because the victim is:
- (i) mentally disordered or incapacitated;
- (ii) physically helpless;
- (iii) overcome by deception, coercion, or surprise;
- (iv) less than 16 years old;
(v) incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation, conditional release, or parole and the perpetrator is an employee, contractor, or volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;
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