STATE OF MONTANA, Plaintiff and Appellee, v. ROBERT DAN FRENCH, Defendant and Appellant

STATE OF MONTANA, Plaintiff and Appellee, v. ROBERT DAN FRENCH, Defendant and Appellant. Oral Argument is set for Wednesday, March 4, 2026, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, in Helena. Video French was charged with two counts of sexual intercourse without consent and one count of sexual assault after three minors alleged he had touched them inappropriately. At trial, the youngest child testified that she did not remember what had happened. The State offered evidence that she had previously disclosed that French had had sexual contact with her. The State played video from a forensic interview in which the child stated French had put his penis in her mouth and demonstrated that she turned away and ducked her head to stop him. The State also presented evidence about the circumstances and timing of the child’s disclosure and testimony from the child’s parents, who each recounted how they reacted when the child informed them that something had occurred when she stayed at French’s home. French moved to dismiss the charge, arguing there was insufficient corroboration to support the child’s hearsay disclosures. The trial court denied the motion and the jury convicted him of all three sexual offenses. On appeal, French argued the trial court should have dismissed the charge involving the youngest child. The Montana Supreme Court initially affirmed in a split decision but withdrew its opinion and set the case for oral argument after French petitioned for rehearing. French argues that the Court may not consider the child’s demeanor and physical demonstration at the forensic interview as corroborative evidence because her behavior during the interview constituted another prior inconsistent statement under Montana Rule of Evidence 801(a)(2). Because Montana law does not allow a conviction to be based solely on prior inconsistent statements, French argues that there is insufficient evidence to sustain his conviction.