Montana Supreme Court hears arguments in the case of a rape committed by an on-duty BIA officer

The Montana Supreme Court docket heard oral arguments Friday over whether or not regulation enforcement businesses may be held liable when an on-duty officer commits sexual assault.

The query stems from a 2018 federal civil courtroom case wherein Dana Bullcoming, an on-duty Bureau of Indian Affairs officer on the time, raped and impregnated a Nothern Cheyenne lady after threatening to arrest her. The girl, recognized as LB in courtroom paperwork, sought to carry the federal authorities responsible for Bullcoming’s actions.

A choose dominated in favor of the federal authorities. A federal appeals courtroom later requested the Montana Supreme Court docket to reply the query.

Throughout oral arguments, Timothy Bechtold, legal professional for LB, stated Montana businesses may be held liable when an worker sexually assaults somebody, and that must also apply to federal authorities staff.

“Here’s a likelihood for Montana to have an effect on how federal regulation is utilized in our state,” he stated.

Timothy Tatarka, legal professional for the federal authorities, argued that Bullcoming declined to do his job and acted in his personal sexual curiosity.

The justices will problem an opinion on the matter at a later date.