CRIMINAL ATTORNEYS SERVING BOISE & ALL OF IDAHO

Spousal Rape Defense Lawyer in Idaho

Spousal Rape Defense Lawyer in Idaho

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.

Contact the Top Marital Rape Defense Lawyer in Idaho

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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.

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GREAT FAST EFFICIENT RESULTS ! I WOULD RECOMMEND THEM TO ANYBODY THATS READY TO BEAT THIER CASE!!
summer Mila
summer Mila
06:28 20 Sep 22
This team did a great job for our family. Would definitely recommend.
JoDee Crowl
JoDee Crowl
15:14 12 Sep 22
Get in touch with these guys! Every single person here is great. I worked with Mark, he is the best! I went into all this without much hope but came out on top! Thank you all so much!
Kerrin Nobles
Kerrin Nobles
18:13 06 Sep 22
Wow! What a great team! Paul was very professional, and helpful throughout the whole process. I couldn’t have asked for better results! Thank you all so much!
Tyler Hopper
Tyler Hopper
19:26 31 Aug 22
I was experiencing some serious charges, my LDA wasn't really helping my case. I reached out at about 4:30 on a Sunday they got back to me within the hour. Lane told me how long the court process would take and always helped keep me calm when my mind would race. He told me the results Mark would get me and Mark did exactly that. If I ever have any legal problems they will definitely be the first ones I call. Id recommend them if you want a lawyer who’s worth the money and service!
Isaiah Garay
Isaiah Garay
04:35 20 Aug 22
I couldn’t recommend this company more. Truly thankful for the commitment provided to me. If you are looking for a defense lawyer, this is your first stop to securing a hard-working, honest team that truly places you first.Thank you!
Tony Davis
Tony Davis
19:26 18 Aug 22
Outstanding Law firm, they went beyond for my case and won my case, highly recommend!!
Chach
Chach
19:14 18 Aug 22
My family will only use this firm. We have been so impressed with everyone we've met here. These lawyers are knowledgeable and aggressive and it's always paid off.
Kassy Berensen
Kassy Berensen
23:23 28 Jul 22
I've fought alot of cases. This firm was absolutely amazing 5 star experience. The morals and principles of this firms team are Exemplary.. Nicole and Lane were tremendous helps along this road. Amazing communication and stellar lawyer team work to get our best end resolution.. and most important these men and woman care.. Something you will not find often. Thanks you Wasactch Defenders and keep protecting Utahs family's and individualsin need. 🙏🏼
Kaleb n Ąshley Egginton
Kaleb n Ąshley Egginton
16:37 13 Jul 22
These folks are awesome! Did a great job for my family!
Oswald Hegsted
Oswald Hegsted
04:26 13 Jul 22
Scott was great! He was very patient and explained everything related to my case very well and in detail. I hope I never need them again, but if I do I know I’d be in great hands!
David Orlow
David Orlow
18:58 30 Jun 22
Did a wonderful job, keep my husband and family safe, and protected.
Nikki Allen
Nikki Allen
19:13 07 Jun 22
Worked with Lane, very professional. Made me feel safe, and let me know my assets would be protected.GREAT FIRM!
Flint stone
Flint stone
19:10 07 Jun 22
Awesome firm
David Whitmore
David Whitmore
13:16 01 Jun 22
Paul Johnson was my attorney over 15 years ago. He helped protect me and my children, even though it meant to file something uncomfortably because he could have been retaliated against by the judge. But he only had my children's wellbeing in mind. I am only mentioning this now, because my children and I have been in hiding; but it is time for me to share my story in a book now that my children are adults. So if you want someone whom you can truly trust to represent you, I highly recommend Paul Johnson! Thank you so very much Paul! May God bless you and your loved ones daily! We would not have been able to survive the horrific ordeal without your help! Again, thank you!
Gene Smith
Gene Smith
21:42 25 May 22
These guys are amazing! I felt like I was truly cared for in my visit with them and they had great advice for me! If you can afford them then don’t hesitate for one second cause you will be in great hands.
Justin Whitefeather
Justin Whitefeather
04:21 28 Apr 22
Best choice ever! Thank you so much for solving all our problems. Can’t explain how helpful they’ve been for us!
wendy gardunio
wendy gardunio
05:08 31 Mar 22
They really saved my life in numerous ways couldn’t be happier
Jamon Peterson
Jamon Peterson
20:38 30 Mar 22
Little pricey but well worth it. From our first consultation I knew they were aggressive and had my best interests. Sent my brother to them though they couldn't help they gave him the confidence to handle what needed to be done
Destiny Groesbeck
Destiny Groesbeck
18:11 24 Feb 22
Very professional. They met with us on short notice, on the weekend and after hours. Craig and Lane listened to us and then spoke to us and offered great advise. They were very kind and considerate. Lane (Paralegal) shows great compassion and again visited with us in our home. Great outcome. I would highly recommend these individuals and this firm if you are in need of legal counsel. Our family is extremely grateful.
David Canning
David Canning
18:08 19 Dec 21
This team did an extremely good job. They were professional and responsive to every concern that I had. They walked me through this entire process and made it go smoothly. I would highly recommend this team and have nothing but positive things to say!
Jessica Siemers
Jessica Siemers
05:34 11 Dec 21

Boise Idaho Crime Defense Lawyers Client Testimonials

Our first priority is to provide you with successful results, period.

GREAT FAST EFFICIENT RESULTS ! I WOULD RECOMMEND THEM TO ANYBODY THATS READY TO BEAT THIER CASE!!
summer Mila
summer Mila
06:28 20 Sep 22
This team did a great job for our family. Would definitely recommend.
JoDee Crowl
JoDee Crowl
15:14 12 Sep 22
Get in touch with these guys! Every single person here is great. I worked with Mark, he is the best! I went into all this without much hope but came out on top! Thank you all so much!
Kerrin Nobles
Kerrin Nobles
18:13 06 Sep 22
Wow! What a great team! Paul was very professional, and helpful throughout the whole process. I couldn’t have asked for better results! Thank you all so much!
Tyler Hopper
Tyler Hopper
19:26 31 Aug 22
I was experiencing some serious charges, my LDA wasn't really helping my case. I reached out at about 4:30 on a Sunday they got back to me within the hour. Lane told me how long the court process would take and always helped keep me calm when my mind would race. He told me the results Mark would get me and Mark did exactly that. If I ever have any legal problems they will definitely be the first ones I call. Id recommend them if you want a lawyer who’s worth the money and service!
Isaiah Garay
Isaiah Garay
04:35 20 Aug 22
I couldn’t recommend this company more. Truly thankful for the commitment provided to me. If you are looking for a defense lawyer, this is your first stop to securing a hard-working, honest team that truly places you first.Thank you!
Tony Davis
Tony Davis
19:26 18 Aug 22
Outstanding Law firm, they went beyond for my case and won my case, highly recommend!!
Chach
Chach
19:14 18 Aug 22
My family will only use this firm. We have been so impressed with everyone we've met here. These lawyers are knowledgeable and aggressive and it's always paid off.
Kassy Berensen
Kassy Berensen
23:23 28 Jul 22
I've fought alot of cases. This firm was absolutely amazing 5 star experience. The morals and principles of this firms team are Exemplary.. Nicole and Lane were tremendous helps along this road. Amazing communication and stellar lawyer team work to get our best end resolution.. and most important these men and woman care.. Something you will not find often. Thanks you Wasactch Defenders and keep protecting Utahs family's and individualsin need. 🙏🏼
Kaleb n Ąshley Egginton
Kaleb n Ąshley Egginton
16:37 13 Jul 22
These folks are awesome! Did a great job for my family!
Oswald Hegsted
Oswald Hegsted
04:26 13 Jul 22
Scott was great! He was very patient and explained everything related to my case very well and in detail. I hope I never need them again, but if I do I know I’d be in great hands!
David Orlow
David Orlow
18:58 30 Jun 22
Did a wonderful job, keep my husband and family safe, and protected.
Nikki Allen
Nikki Allen
19:13 07 Jun 22
Worked with Lane, very professional. Made me feel safe, and let me know my assets would be protected.GREAT FIRM!
Flint stone
Flint stone
19:10 07 Jun 22
Awesome firm
David Whitmore
David Whitmore
13:16 01 Jun 22
Paul Johnson was my attorney over 15 years ago. He helped protect me and my children, even though it meant to file something uncomfortably because he could have been retaliated against by the judge. But he only had my children's wellbeing in mind. I am only mentioning this now, because my children and I have been in hiding; but it is time for me to share my story in a book now that my children are adults. So if you want someone whom you can truly trust to represent you, I highly recommend Paul Johnson! Thank you so very much Paul! May God bless you and your loved ones daily! We would not have been able to survive the horrific ordeal without your help! Again, thank you!
Gene Smith
Gene Smith
21:42 25 May 22
These guys are amazing! I felt like I was truly cared for in my visit with them and they had great advice for me! If you can afford them then don’t hesitate for one second cause you will be in great hands.
Justin Whitefeather
Justin Whitefeather
04:21 28 Apr 22
Best choice ever! Thank you so much for solving all our problems. Can’t explain how helpful they’ve been for us!
wendy gardunio
wendy gardunio
05:08 31 Mar 22
They really saved my life in numerous ways couldn’t be happier
Jamon Peterson
Jamon Peterson
20:38 30 Mar 22
Little pricey but well worth it. From our first consultation I knew they were aggressive and had my best interests. Sent my brother to them though they couldn't help they gave him the confidence to handle what needed to be done
Destiny Groesbeck
Destiny Groesbeck
18:11 24 Feb 22
Very professional. They met with us on short notice, on the weekend and after hours. Craig and Lane listened to us and then spoke to us and offered great advise. They were very kind and considerate. Lane (Paralegal) shows great compassion and again visited with us in our home. Great outcome. I would highly recommend these individuals and this firm if you are in need of legal counsel. Our family is extremely grateful.
David Canning
David Canning
18:08 19 Dec 21
This team did an extremely good job. They were professional and responsive to every concern that I had. They walked me through this entire process and made it go smoothly. I would highly recommend this team and have nothing but positive things to say!
Jessica Siemers
Jessica Siemers
05:34 11 Dec 21

Sawtooth Defense Lawyers logo - Criminal defense attorneys in Boise, Idaho

Contact Info

We Offer Free Virtual or In-Office Confidential Consultations.

999 West Main St., Suite 100
Boise, ID 83702

+1 208.644.8893

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Sunday: Closed

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