A former Montana State Prison employee is asking a judge to dismiss charges that allege she twice raped an inmate.

KWYB-TV reports Sherrill Dawn Kraakmo alleged the inmate — who is serving 20 years for rape — initiated, pursued and manipulated her into having a sexual relationship.

Under state law, inmates cannot legally consent to sex.

Kraakmo argues she had no supervisory authority over the inmate, but prosecutors say prison employees have the authority and obligation to write up inmates and initiate disciplinary actions.

Kraakmo, who worked for Montana Correctional Enterprises, is charged with two counts of sexual intercourse without consent, transferring a cellphone and a charger to the inmate and having unauthorized communication with him. She lost her job over the allegations.

She has pleaded not guilty. Her trial is set for June 20.

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