Don Lee David Stratton has been charged in Great Falls with raping a 15-year old girl after supplying her with alcohol and drugs.
The charging documents state that Stratton posted video of the rape to an adult website.
Court documents state a person who lives with Stratton told police that Stratton records video of his sexual encounters, and also said that Stratton had engaged in sexual encounters with the victim.
The 15-year old victim did not know whether there was any video of her being sexually assaulted because she was "really really out of it" due to the alcohol and marijuana.
When questioned by police, Stratton confirmed that the teen was at his residence, but denied that there had been any sexual contact between him and the teen.
Stratton, 55 years old, has been charged with five felony count of sexual intercourse without consent, and one felony count of sexual abuse of children.
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Montana law provides the following definition of "consent" in relation to sexual assault laws:
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(i) an expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn;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;
