Rape is Sexual Intercourse Without Consent in Montana. The state must prove that there was intercourse AND that it was not consensual. Therefore, you are correct , the fact that your DNA turned up in a “rape kit” is not by itself in any way proof that you committed the offense. Law enforcement will use the rape kit and attempt to corroborate the alleged victim’s account of what occurred and attempt to show that any statements that you gave are not true. Incidentally, you should not speak to anyone about what happened other than your attorney.