A former Seeley-Swan High School student has been charged with a felony based on allegations he sexually assaulted a middle school student in the locker room in January.
In February, a judge granted an extension to an order of protection sought by the middle school student against the high school student. Court documents in that case detailed the middle school student's account of the incident.
On July 2, the Missoula County Attorney's Office filed two counts of sexual assault, one of them a felony because the middle school student is 14 years old, against the high school student in Missoula County District Court. The student is named in charging documents, but the Missoulian is not naming the high school student at this time because he was under 18 years old at the time of the alleged assault. He has not yet entered a plea to the charges.
The middle school student told a nurse during a forensic interview in January that the high school student slapped the younger student's buttocks outside of the weight room, and the middle school student called him "gay" in response, according to court records. The high school student then shoved the younger student to the ground and tried to penetrate the younger student with a finger, he told the nurse, court documents said.
The day after the incident, a Missoula County Sheriff's deputy spoke to the Seeley-Swan football coach, who arrived at the weight room directly after the alleged assault. The coach told the deputy the younger student was standing outside holding his rear end when he arrived at the school; the coach asked him what was wrong, and the student replied that he "just got raped," court records said.
The student and the coach went back inside and the coach went to put his coat in his office. Once he was in the locker room, he said he saw the high school student pinning the younger student down again with one knee on his back and a hand inside the crack of the younger student's buttocks. The coach said he had to repeatedly tell the high school student to get off the younger student.
The deputy spoke to eight other students in middle or high school who said they saw parts of the incidents. One student said on another occasion he had seen the high school student put his finger up another student's rear-end while lifting him off the ground, according to court records.
The deputy spoke to the high school student, who said he slapped the younger student on the buttocks because the younger student was "coming at" him and calling him gay. He denied penetrating the younger student.
Nearly two weeks later, the deputy interviewed a second high school student who wanted to provide information about a different incident. According to court records, that student told the deputy that the high school student had tried to stick his finger up the other student's rear end during art class but added no one saw this incident, which took place about a week before the weight room incident. The art teacher told the deputy she could not recall the incident in her class.
Since the incident, the high school student had transferred from Seeley-Swan High School and was in the process of transferring into a Missoula high school.
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