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For many teenagers, issues concerning consent can be difficult to talk about. Parents should have direct conversations with their children about the importance of consent to help them avoid the need to hire a criminal defense lawyer in the future. When a college student is suspected of a sex crime, they shouldn’t speak to authorities without a criminal defense attorney present.

What Does “Consent” Mean?

criminal defenseTo have consensual sex, participants must clearly voice their willingness to engage in sexual activities. Silence is never consent, and a person must respect the decision of an individual who changes their mind at any point.

What Is Nonconsensual Sex?

Sex without consent is considered rape or sexual assault. Montana Code § 45-5-501, for instance, defines the phrase “without consent” as occurring when a victim was compelled to submit by force or was incapable of giving consent. In Montana, someone who is less than 16 years of age, physically helpless, or mentally disordered or incapacitated cannot legally give sexual consent.

How Can You Avoid Sexual Assault Allegations?

It can be difficult to have proof of oral statements of consent, but college students should save text messages, social media interactions, or any other digital evidence indicating consent. If police officers attempt to speak to you about an alleged sexual assault, you shouldn’t say anything until you have a criminal defense lawyer present. 

 

Attending college as a freshman can be an exciting time in a teenager’s life, but it’s important to be fully aware of what consent means and how you should act around a romantic interest. Lane K. Bennett, Attorney at Law, defends clients accused of sexual assault in courts throughout Kalispell, MT. They also handle DUI arrests and other criminal defense matters. Visit their website to learn more about their practice areas, or call (406) 752-7300 to receive a free initial consultation.

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