The current law in Idaho provides an exception to rape laws in cases of married couples. But, apparently, that is about to change. A Senate bill was recently passed unanimously in the Idaho House of Representatives that, if signed into law, will repeal the marital exception to rape law.
The existing exemption for rape in marriage was written into Idaho law in 1977. In that era, many people believed that a charge of rape could not apply to a sex act involving spouses. So, the existing law exempts a sex act in a marriage that is defined as rape outside marriage. It appears that that exemption will soon become a thing of the past.
If you have been arrested for the rape of your spouse or partner, call the seasoned spousal rape defense lawyer in Idaho.
Click to jump to section:
- Rape in Marriage Nationally and Locally
- What Does the New Law Spousal Rape Law Say?
- Top Criminal Defense Attorney for Spousal Rape Defense in Idaho
Rape in Marriage Nationally and Locally
The CDC’s marital rape statistics indicate that over half of female rape victims nationwide have reported that the rapist was their husband or boyfriend and around a third reported unwanted sex with their partner.
A spokesperson for the Women's and Children's Alliance summed up the situation as 44 years of state law that has effectively permitted spousal rape in Idaho. Assuming that the governor will sign the bill into law, victims in Idaho will soon gain the legal right to have charges brought against spouses for rape.
The legislature’s unanimous approval of the bill shows that the state is ready to stop the allowance for a rape defense based on the status of a relationship with the alleged victim. The bill will next move to Governor Brad Little’s office for his consideration.
What Does the New Law Spousal Rape Law Say?
Senate Bill 1089 is intended to repeal Section 18-6107 of the Idaho Code regarding the Rape of a Spouse. Rape, as defined under Idaho 18-6101 is “penetration, however slight,” of the oral, vaginal, or anal opening with a penis when it occurs under any of these circumstances:
- The victim’s resistance is overwhelmed by force, violence, or threat of violence or extreme violence against the victim or someone else.
- The victim is incapacitated due to intoxication or the effects of a narcotic or anesthetic substance and is therefore unable to resist.
- The victim is unconscious, asleep, or otherwise in a state of unawareness of the act.
- The victim is caused by the perpetrator to fear that failure to submit will motivate the person to damage property or commit another crime, or accuse the victim or another person of a crime, or cause authorities to bring criminal charges against the victim.
- The victim is given to fear that the perpetrator will expose or publicize a claim, either true or false, that will subject the victim or someone else to contempt, hatred, or ridicule.
Age requirements applied under other Idaho sex crime laws are not affected by the enactment of the new proposed law unless a law provides for it.
The new law contemplates that both males and females are capable of committing the crime of rape as it is defined in the proposed law.
If You Are Wrongly Accused of Rape in Idaho
Notwithstanding the need for legislative change to protect victims in Idaho, in as high as 10 percent of sex crime cases, defendants are wrongly charged. If you are facing charges of rape in Idaho, you are legally entitled to the best defense possible. You need to work with the best criminal defense attorney Idaho has to offer, to make sure all your legal rights are protected and build the most compelling case possible for your defense.
Depending upon the circumstances, a top rape defense lawyer in Boise Idaho can get rape charges dropped or reduced and keep the accused out of jail and off the sex offender registry.
The Best Criminal Defense Attorney Against Rape Charges in Idaho
We are criminal defense attorneys in Boise, Idaho. We specialize in sex crimes defense. If you have been arrested for rape, call Sawtooth Defense Lawyers, Boise ID at (208) 644-8893, or contact us online for a free case review and discussion of your best defense options.