Idaho law defines the crimes of rape, sexual battery, and sexual abuse of a child as separate offenses. All the offenses involve sexual contact with the victim. The only difference between them is the age of the victim. Idaho does not have a separate sexual assault statute.
Idaho once had gender-specific rape laws. Idaho’s current statute protects both men and women. It provides penalties for both genders. Both genders can commit sexual assault upon either gender.
Idaho Rape and Sexual Assault Laws
Rape and other acts of sexual violence fall under separate statutes. If you believe you have been a victim of sexual assault, contact law enforcement or the National Sexual Assault Hotline at 800-656-HOPE (4673) for assistance and legal help.
Rape
Under Idaho code, rape is any penetration of the mouth, vagina, or anus of the victim by a penis if any of these conditions exist:
- The victim is under 16 years of age and the offender is 18 years of age or over; or the victim is 16 or 17 and the offender is more than three years older and the parties are not legally married
- Idaho does not have a specific “Romeo and Juliet” exception in the statutory rape law. The wording of the statute creates a carve-out where a 16-year-old and 17-year-old in a dating relationship may consent to sexual activity
- The victim resists but resistance is overcome by force or fear of force, by the reasonable belief of physical harm to the victim or a person known to the victim, or another criminal act
- The victim is incapable of giving legal consent to a sexual act due to mental illness or mental disability, or the victim is unconscious
- The victim believed the offender was their lawful spouse or that the offender was someone other than the offender due to fraud or artifice
Any sexual penetration, no matter how slight, is sufficient to achieve the crime of rape. Before courts will convict a minor child under the age of 14 of rape, they require independent proof of an ability to achieve penetration.
In Idaho, rape is a felony punishable by not less than one year in prison. The judge has the discretion to extend the sentence to life if circumstances warrant it.
Sexual Battery and Aggravated Sexual Battery
There is no separate Idaho sexual assault statute. Instead, Idaho categorizes sexual battery as a type of assault.
Sexual battery is any nonconsensual physical contact, over or under the clothing, with the intimate parts of the victim. “Intimate parts” are the genitals, breasts, buttocks, groin, and thighs of the victim. The offender must intend to satisfy their own or a third party's sexual desires.
Sexual battery is a misdemeanor. It's punishable by up to one year in jail, a $2,000 fine, or both.
Aggravated sexual battery is sexual battery that:
- Causes great bodily harm, permanent disability, or disfigurement
- Uses a deadly instrument, weapon, or agent
Aggravated sexual battery is a felony. It carries a possible sentence of up to 20 years in prison.
Sexual Abuse of a Child
Idaho's age of consent is 18. Any sexual conduct other than sexual intercourse with a minor child is sexual abuse of a child. Sexual abuse of a child is a felony with a sentence of not more than 25 years imprisonment.
- Lewd conduct with a minor child is any oral, anal, manual, or genital contact with the mouth, anus, hands, or genitals of a child under 16, intending to satisfy the offender’s sexual desires. Lewd conduct is a felony with a sentence of up to life imprisonment.
Idaho Rape and Sexual Assault Laws: Additional Resources
If you're a rape or sexual assault survivor there is help available for you. During an emergency dial 911 and when you're safe contact the Idaho Coalition Against Sexual and Domestic Violence or contact the Rape, Abuse and Incest National Network (RAINN) website.
Get Legal Advice From an Idaho Criminal Defense Attorney
The criminal justice system takes a serious stance against sexual crimes. If you are facing criminal charges for any sex crime, contact an Idaho criminal defense attorney to protect your legal rights.