Rape Defense Lawyer in Boise, Idaho

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Rape statistics provided by the FBI reveal that approximately 139,815 rapes were reported to law enforcement throughout the U.S. during 2019. That’s up 10.8 percent from just a few years earlier in 2015, according to the Bureau report. Charges of rape are very serious in the state of Idaho, and being convicted is a life-altering outcome. If you have been charged with rape, it is crucial that you obtain the best criminal defense lawyer in Idaho as soon as possible, to help you avoid the most serious consequences.

Sawtooth Defense Lawyers have extensive experience in representing defendants in Idaho criminal trials to enable us to obtain the best possible outcome for your rape case. We will listen carefully to all the details of your situation, without any judgment, and we will offer you our best legal guidance on the most advantageous legal steps to protect your rights and defend yourself.

If you need the best defense for rape charges in Idaho, call Sawtooth Defense Lawyers, Boise ID, or use our online contact form, to schedule a free review of the details of your case.

Legal Definition of Rape in Idaho

Under Title 18, Chapter 61 of the Idaho statutes, Rape is defined as penetration, to even the slightest extent, of the mouth, vagina, or anal opening of a person by a penis, if it is accomplished in any one of these 10 circumstances:

  1. The victim is under age 16 and the perpetrator is at least age 18.
  2. The victim is age 16 or 17 and the perpetrator is at least 3 years older.
  3. The victim is temporarily or permanently incapable of giving legal consent.
  4. The victim’s resistance is overpowered by force.
  5. The victim is stopped from resisting by the infliction of or attempted or threatened physical harm, where the perpetrator’s power to execute the harm is apparent to the victim. Or, the victim cannot resist because of the influence of any intoxicating, anesthetic, or narcotic substance.
  6. The victim does not resist because of a reasonable belief resistance would not prevent the rape or that it may lead to violence or force in excess of that needed to accomplish the rape.
  7. The victim is unconscious of the nature of the perpetrator’s action, and is therefore incapable of resisting:
    • The victim was sleeping or unconscious
    • The victim was unaware, or did not perceive, or was not cognizant that the rape occurred.
  8. The victim allows the penetration while believing that the perpetrator is actually the victim’s spouse, and that belief has been intentionally caused by the perpetrator.
  9. The victim allows the penetration while believing that the perpetrator is someone else other than who he/she is, and that belief has been intentionally caused by the perpetrator.
  10. The victim allows the penetration while believing that the perpetrator will cause physical harm to someone else or will cause property damage, or will commit some other crime, or will cause the victim to be criminally charged or cause someone else to be accused, or cause a secret or asserted fact, either true or false, to be publicized, that may expose someone to contempt, hatred, or ridicule.

How is the Crime of Rape Committed?

Under Idaho law, rape has been committed by a perpetrator who has executed any one of the actions described in the 10 qualifiers of the rape definition stated in the section above. Idaho law finds that either males or females are capable of committing the crime of rape against either a male or a female.

What Modes of Rape are Addressed By Idaho Law?


General nature of rape crimes How victims’ defenses are compromised in rape crimes
Rape of a minor The victim is too young to consent to sex with an adult.
Rape of mentally incapacitated person The victim is mentally unsound and therefore unable to legally consent.
Rape by physical force The perpetrator overpowers the victim against the victim’s resistance.
Rape while threatening bodily harm The perpetrator prevents the victim from resisting by threat or effort to inflict physical harm.
Rape of chemically incapacitated person The victim is too intoxicated or incapacitated by drugs to resist.
Rape under threat of extreme violence or force The victim reasonably believes that resisting would be ineffective and would lead to more extreme force or violence.
Rape of unconscious person The victim is unaware of the penetration.
Rape through impersonation The victim is purposefully caused to believe the penetration is by the victim's spouse or other person.
Rape through blackmail The perpetrator convinces the victim that failure to submit will result in criminal charges against the victim, or exposure to public disgrace.
Rape through a threat against a third party The perpetrator convinces the victim that failing to submit will result in physical harm to someone, damage to property; another crime; false accusation of a crime, or exposure to public disgrace.

Proof of Physical Ability to Commit Rape

In Idaho, a conviction for rape against an accused perpetrator who is 14 years old or younger at the time the act allegedly occurred requires proof of the defendant’s physical ability to commit the crime. To clarify, it is only possible to obtain a conviction of the defendant if the individual’s physical capability of accomplishing penetration with a penis is proven beyond a reasonable doubt. (Idaho Code 18-6102)

What is the Penalty for a Rape Conviction in Idaho?

Rape is a felony crime in the state of Idaho. Under Title 18, Chapter 61 of the Utah Statutes, the crime of Rape is punishable by a prison sentence in an Idaho state prison for a minimum of one year to life, depending upon the decision of the District Court Judge.

Restitution for Rape Victims

The act of penetration during the accompanying circumstances described above constitute the crime of rape, under Idaho law. But, the essence of the perpetrator’s culpability is in the effects of the crime on the victim (Idaho Code 18-6103).

The inflicted sense of outrage and other distressing emotional impacts to the victim are the aspects of the event that make the act a serious criminal offense, per State Code 18 Chapter 61. Consequently, per Idaho 18-6106, judges may order those convicted to compensate victims in rape cases for costs related to loss or injury incurred due to the crime committed. Victims may further pursue compensation for costs and punitive damages under Idaho civil statutes.

Facing Rape Charges in Idaho

Even if the accusation against you is false and all evidence supports your innocence, you are at risk of losing your freedom, if you are found guilty in the Idaho criminal court system. Having a skilled criminal defense attorney fighting for you against a Rape charge is critical to your freedom and your future. Having the best rape defense lawyer Boise Idaho has available to you may keep you from going to prison.

You need to contact an experienced criminal defense lawyer in Idaho with a strong track record of success in rape cases, to form the best possible defense strategy for you, as you navigate the Idaho criminal court system.

Sawtooth Defense Lawyers, Boise Idaho

We are the leading criminal defense attorneys for defendants charged with sex crimes in Idaho. Our criminal defense team works swiftly to have charges reduced or dropped and to keep you from serving jail time and from being registered as a sex offender. We work toward a speedy conclusion, so you can move on with your life as quickly as possible.

If you are facing rape charges in Idaho, you need to act quickly to obtain help from the best criminal defense lawyer Boise has available to you. An experienced rape defense attorney will ensure that all your rights are fully protected throughout the criminal court process and that everything that can be legally done is done to get you acquitted and back to living your normal life as soon as possible.

To schedule a free review of your case, call Sawtooth Defense Lawyers, Boise ID, or feel free to contact us online for a timely response.