An 18-year-old man has been charged with raping a teen girl in Great Falls.
Police responded over the weekend to a report of a rape and met with the 15-year old girl and her parents after she underwent a sexual assault exam at Benefis Health System.
Court documents state that a friend invited her to come over and texted her an address; the girl got a ride from a family member.
The girl said she knew the address was not her friend’s house, but she decided to stay. She told police she did not know of a house party going on at the residence for a girl she had never met.
She told police that she went to the garage, and she was given alcohol. She also told officers that she never really drank before and she was "super intoxicated and could barely stand or talk."
According to court documents, Hezekiah Mateo Hagen began kissing her body, and she told police that she was too drunk to move but did tell Hagen to stop and that said she wanted to go home.
Hagen reportedly replied, “It’s OK” and pulled her pants down as she continued to say no. Hagen allegedly penetrated the girl with his hands several times and restrained her when she tried to leave.
She told police that Hagen then helped her stand up and took her into a bedroom in the house, where he penetrated her again and she eventually fell asleep.
Court documents state that when she woke up the next morning, she was reportedly bleeding and in pain.
When questioned by police, Hagen admitted using his hands to penetrate the girl. He also said that she said "ouch" twice, so he stopped and then started again.
Hagen has been charged with three felonies - aggravated sexual intercourse without consent, sexual intercourse without consent, and sexual assault. He also faces a misdemeanor charge of unlawful restraint.
Prosecutors requested that bond for Hagen be set at $50,000, saying that "the offenses are very serious in that this Defendant took advantage of an under-age female victim who was intoxicated to the point that she was unable to defend herself and he caused bodily injury to the victim."
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
