Montana Legislature addresses sexual assault consent laws in SB 348

Montana's Senate Bill 348, introduced on February 18, 2025, aims to strengthen legal protections against sexual assault, particularly in vulnerable populations. The bill outlines specific circumstances under which consent is deemed ineffective, targeting scenarios where the victim is in a position of dependency or under the authority of the perpetrator. This includes individuals incarcerated, receiving treatment in mental health facilities, or involved in youth care programs.

Key provisions of the bill specify that consent cannot be given if the victim is under 14 years old and the offender is at least three years older, or if the victim is receiving services from a facility where the perpetrator has supervisory authority. The legislation also addresses the penalties for sexual assault, allowing for terms of imprisonment of less than four years or up to 100 years, alongside fines reaching $50,000.

The introduction of SB 348 has sparked significant debate among lawmakers and advocacy groups. Proponents argue that the bill is a crucial step in protecting at-risk individuals from exploitation, while opponents raise concerns about the potential for overreach and the implications for consensual relationships in certain contexts. Amendments to the bill are expected as discussions continue, particularly regarding the definitions of consent and the scope of authority.

The implications of this legislation are profound, as it seeks to create a safer environment for some of Montana's most vulnerable citizens. Experts suggest that if passed, SB 348 could lead to increased reporting of sexual assault cases and a greater emphasis on accountability for those in positions of power. As the bill moves through the legislative process, its outcomes will be closely monitored by both supporters and critics, with potential long-term effects on Montana's legal landscape surrounding sexual offenses.