State v. Lerman, 2018 MT 5 (Jan. 9, 2018) (Baker, J.) (5-0, aff’d)
Issue: Whether the state presented sufficient evidence to prove the elements of penetration and force in conviction for sexual intercourse without consent.
Short Answer: Yes.
Facts: Kelsey Stoker went to Randall Lerman, a licensed massage therapist in Dillon, for four appointments to help alleviate lower back pain. During her appointments, Stoker left on her undergarments, which included a cap-sleeved undershirt and spandex shorts that went almost to her knees.
At the fourth appointment, Lerman pulled her shorts down to her knees, and pulled her top down, exposing her breasts. He massaged her breasts and nipples, her buttocks, the back of her thighs, and her groin. He then inserted his fingers into Stoker’s vagina, at which point she told him to stop.…