GREAT FALLS — Neo Arez Michell has been charged with raping a child in Great Falls.
Court documents state that the victim - who is under the age of 16 - told police that Michell "raped me" at a Great Falls residence.
An affidavit says that the victim disclosed that Michell had been raping her since she was 13 years old, and that Michell had nude photos of her on his phone.
Michell, 21 years old, was convicted of a similar sexual assault in 2018; in that case, Michell was sentenced by Judge John Parker to 25 years in the Montana Department of Corrections, with all time suspended.
The court documents state: "The defendant is now in violation of his probationary sentence for a new sex offense and the victim is again under the age of 16."
Michell has been charged with one felony count of sexual intercourse without consent.
Prosecutors requested that bail for Michell be set at $250,000.
NOTE: “Sexual intercourse without consent” is the legal term in Montana for what is commonly referred to as rape, according to Montana Code:
45-5-503. Sexual intercourse without consent.
- (1) A person who knowingly has sexual intercourse with another person without consent or with another person who is incapable of consent commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person’s spouse, as provided in 45-5-501(1)(b)(iv).
- (2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 20 years and may be fined not more than $50,000, except as provided in 46-18-219, 46-18-222, and subsections (3), (4), and (5) of this section.
- (3) (a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury on anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
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;
- (vi) receiving services from a youth care facility, as defined in 52-2-602