# Why is this woman not being charged with rape? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 2, 2018, 3:14pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161 "2018-07-02T15:14:20Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [July 2, 2018, 3:14pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/1 "2018-07-02T15:14:20Z")
Article: [Woman accused of threatening ex-boyfriend with machete charged](https://eu.greatfallstribune.com/story/news/crime/2018/06/26/great-falls-woman-machete-domestic-violence-samantha-mears/734603002/) > [@Great Falls Tribune](#): > > A Great Falls woman with a history of domestic violence against her ex-boyfriend was charged Friday after she allegedly armed herself with a machete **and forced him to have sex with her**. > > Samatha Ray Mears, 19, faces six new charges, including aggravated burglary, assault with a weapon, unlawful restraint, partner family member assault and two counts of criminal mischief. If the sexes were reversed, it would be a slam dunk, right? So where’s the rape charge? Is it that women cannot be charged with rape in Montana? ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [July 2, 2018, 3:54pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/2 "2018-07-02T15:54:14Z")
Six new charges. Did you miss that part? [Montana law](https://codes.findlaw.com/mt/title-45-crimes/mt-code-ann-sect-45-5-503.html) ---
**Author:** ![Eonwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eonwe/32/240_2.png) [@Eonwe](https://boards.straightdope.com/u/Eonwe)\ **Post date:** [July 2, 2018, 4:03pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/3 "2018-07-02T16:03:03Z")
> [@Quartz](#): > > Is it that women cannot be charged with rape in Montana? Yes, this is why. :rolleyes: > [@Quartz](#): > > If the sexes were reversed, it would be a slam dunk, right? So where’s the rape charge? No, it’s not a “slam dunk”. Ask the victim of [rapist Brock Turner](https://en.wikipedia.org/wiki/People_v._Turner#Indictment_and_charges). Plus, let’s face it, this guy stays with his girlfriend even though she has a history of abusing him? I mean, why didn’t he just leave? It’s kind of on him at this point. Also, did anyone catch this: > [@](#): > > Samatha Ray Mears, 19 . . . Court documents indicate the pair had been in a relationship for approximately seven years. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 2, 2018, 4:06pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/4 "2018-07-02T16:06:51Z")
> [@Eonwe](#): > > Yes, this is why. :rolleyes: > > No, it’s not a “slam dunk”. Ask the victim of [rapist Brock Turner](https://en.wikipedia.org/wiki/People_v._Turner#Indictment_and_charges). Brock Turner was charged with rape. Your link even says so. ---
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [July 2, 2018, 4:20pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/5 "2018-07-02T16:20:59Z")
> [@AK84](#): > > Six new charges. Did you miss that part? Well, the previous charge was “felony strangulation”, not rape. As for why she’s not being charged with rape, you’d have to ask the Sioux Falls police since no mention is made either way. I wouldn’t just jump to “I guess it’s because she’s a woman!” but I suppose some people will do exactly that. ---
**Author:** ![Filbert](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/filbert/32/3433_2.png) [@Filbert](https://boards.straightdope.com/u/Filbert)\ **Post date:** [July 2, 2018, 4:24pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/6 "2018-07-02T16:24:29Z")
> [@Bricker](#): > > Brock Turner was charged with rape. > > Your link even says so. I believe ‘slam dunk’ is being used to refer to the likelihood of getting a conviction. ---
**Author:** ![Eonwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eonwe/32/240_2.png) [@Eonwe](https://boards.straightdope.com/u/Eonwe)\ **Post date:** [July 2, 2018, 4:25pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/7 "2018-07-02T16:25:04Z")
> [@Bricker](#): > > Brock Turner was charged with rape. > > Your link even says so. A rape conviction wasn’t a “slam dunk”. My link even says so. Read for comprehension. ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [July 2, 2018, 4:35pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/8 "2018-07-02T16:35:39Z")
I predict a long and productive life for this young lady. Let’s hope she has lots of kids, too. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [July 2, 2018, 4:39pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/9 "2018-07-02T16:39:53Z")
> [@AK84](#): > > Six new charges. Did you miss that part? > [Montana law](https://codes.findlaw.com/mt/title-45-crimes/mt-code-ann-sect-45-5-503.html) No, I didn’t miss them. She’d already been charged with ’ felony strangulation for allegedly assaulting the same victim’ ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [July 2, 2018, 4:41pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/10 "2018-07-02T16:41:46Z")
> [@Filbert](#): > > I believe ‘slam dunk’ is being used to refer to the likelihood of getting a conviction. No, I was speaking of the likelihood of the charge being made. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [July 2, 2018, 4:48pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/11 "2018-07-02T16:48:47Z")
> [@Eonwe](#): > > Also, did anyone catch this: > > > [@](#): > > > > Samatha Ray Mears, 19 . . . Court documents indicate the pair had been in a relationship for approximately seven years. I did, & looked at a couple of news stories that all had the same thing. I’m wondering if it was a typo in the first story & everyone else ran w/ it because it’s possible, even if if unlikely. ---
**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\ **Post date:** [July 2, 2018, 4:51pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/12 "2018-07-02T16:51:10Z")
> [@Eonwe](#): > > snip > > Plus, let’s face it, this guy stays with his girlfriend even though she has a history of abusing him? I mean, why didn’t he just leave? It’s kind of on him at this point. Uhh. So the answer to domestic violence is to simply leave your abuser or its your own damn fault? ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [July 2, 2018, 4:55pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/13 "2018-07-02T16:55:24Z")
> [@K2500](#): > > Uhh. So the answer to domestic violence is to simply leave your abuser or its your own damn fault? That sounds oddly familiar. ---
**Author:** ![Eonwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eonwe/32/240_2.png) [@Eonwe](https://boards.straightdope.com/u/Eonwe)\ **Post date:** [July 2, 2018, 4:59pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/14 "2018-07-02T16:59:40Z")
> [@K2500](#): > > Uhh. So the answer to domestic violence is to simply leave your abuser or its your own damn fault? No! Sorry if the sarcasm didn’t read through; there was a discussion a week or so ago about two famous/famous-ish people (whom I can’t recall), one of whom accused the other of abuse. Discussion devolved into whether or not the woman (the abused in this case) really deserved that much sympathy, because maybe she was staying in order to get something out of it, and if she was willing to stay in it at the beginning, why was the abuse all of a sudden such a big deal? I think that argument, as an immediate response to allegations, is nothing other that a way to blame the victim, minimize the abuse, and otherwise excuse awful behavior from abusers. This OP is an extension of the argument “men get the short end of the stick. Everyone believes women when they accuse men of rape, and no one cares about the men when women assault them.” I wanted to remind us (in sarcastic fashion) that only a few weeks ago plenty of people were eager to throw the female accuser under a bus as their first response to her stories of abuse. ---
**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\ **Post date:** [July 2, 2018, 5:07pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/15 "2018-07-02T17:07:28Z")
> [@Spiderman](#): > > I did, & looked at a couple of news stories that all had the same thing. I’m wondering if it was a typo in the first story & everyone else ran w/ it because it’s possible, even if if unlikely. Assuming the victim is also around 19, this doesn’t seem that unlikely to me. People dating from middle school all the way through high school is not common, but not unheard of. I feel like I have a student or two a year in that situation. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [July 2, 2018, 5:10pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/16 "2018-07-02T17:10:38Z")
I took a quick look at the Montana statute (a summary) and did not see a mention of it being a male on female crime. This case is another illustration of how hard it can be to get a rape case prosecuted in the first place, particularly when both parties are in a relationship. I’m glad that charges were filed for assault. ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [July 2, 2018, 5:11pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/17 "2018-07-02T17:11:35Z")
> [@Eonwe](#): > > No! Sorry if the sarcasm didn’t read through; there was a discussion a week or so ago about two famous/famous-ish people (whom I can’t recall), one of whom accused the other of abuse. Discussion devolved into whether or not the woman (the abused in this case) really deserved that much sympathy, because maybe she was staying in order to get something out of it, and if she was willing to stay in it at the beginning, why was the abuse all of a sudden such a big deal? > > I think that argument, as an immediate response to allegations, is nothing other that a way to blame the victim, minimize the abuse, and otherwise excuse awful behavior from abusers. > > This OP is an extension of the argument “men get the short end of the stick. Everyone believes women when they accuse men of rape, and no one cares about the men when women assault them.” I wanted to remind us (in sarcastic fashion) that only a few weeks ago plenty of people were eager to throw the female accuser under a bus as their first response to her stories of abuse. I got your sarcasm. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [July 2, 2018, 5:22pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/18 "2018-07-02T17:22:36Z")
> [@MandaJo](#): > > Assuming the victim is also around 19, this doesn’t seem that unlikely to me. People dating from middle school all the way through high school is not common, but not unheard of. I feel like I have a student or two a year in that situation. Nothing seems odd to me about that part, at least. My brother and sister-ln-law were 14 and 12, I believe, when they started dating. They are happily married and still together, now twenty some years and a kid later. As to the OP, it sure seems she should be charged with rape, but I don’t know what all else is involved in such a charge in Montana and why that charge might not be pursued in this case. (Can the victim simply not press rape charges or something?) There doesn’t seem to be anything in the case law that I see that would except this situation from rape. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [July 2, 2018, 5:27pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/19 "2018-07-02T17:27:37Z")
> [@Quartz](#): > > So where’s the rape charge? I’m having a hard time imagining why anyone would care. Maybe she was, maybe she wasn’t. In any event, it sounds like there were a ton of serious charges levied against her. I assume the prosecutor had his/her reasons. Does it matter? ---
**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\ **Post date:** [July 2, 2018, 5:30pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/20 "2018-07-02T17:30:41Z")
> [@Beckdawrek](#): > > That sounds oddly familiar. I dont understand. [Next page](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161.md?page=2)