Sex Offender Laws in Idaho
Every state in America has defined the crimes related to rapes and sexual assault (In Idaho it is referred to as “sexual abuse”) slightly distinctly. Ideally, sexual assault refers to an act of crime wherein the defendant touches their victim sexually, which is offensive and unwanted. On the other hand, rape is referred to as sexual intercourse without the consent of the aggrieved party.
In the state of Idaho, any individual who performs a sexual activity with a child below 18-year-old may be found guilty of committing statutory rape although the child could have initiated or agreed to the activity.
It is not relevant whether the child gives his/her consent or not for any statutory rape. On the other hand, getting involved in sexual activity with any individual irrespective of the latter’s age by using force or stopped from resisting or without consent may result in charges for assault or forcible sex crimes.
The article offers a short overview of the sexual and rape laws in the state of Idaho:
Rape laws in Idaho
The state’s law defines the rape of a female as penetration into the virginal, anal, or oral opening of a woman with the penis of the offender under the following scenarios:
- The sufferer is 16/17-year-old whereas the convicted is at least three years older than the former
- The offender is 18-year-old or above whereas the victim is below 16 years of age
- Although the victim offered resistance, she was overcome by violence or force
- Because of an unsound mind, the victim was not capable of a legal consent
- The submission of the victim was under the impression that the defendant is her spouse
- She was unaware or unconscious when the act occurred
- The victim could not resist due to threatened infliction or infliction of a body injury. Also, she was incapable of resisting as she was under the influence of an anesthetic, narcotic, or intoxicating substance
- The submission on the part of the victim was under the impression that if she did not do so, the assaulter can cause physical harm to a person later on or cause damage to a property, accuse someone else of having committed the crime, get involved in a crime or spill out a secret, which leads to a hazard or contempt.
2. Male rape
A man is regarded as raped when another man penetrates the former’s anal or oral opening with his penis to abuse, get sexual gratification or enjoy sexual arousal under any of the scenarios mentioned below:
- In case the sufferer is below 16 years of age while the assaulter’s age is 18 years at least
- When a victim is 16/17-year-old while the offender is older to him by at least three years
- The sufferer is not capable of giving a legal consent as he had an unsound mind
- Although the victim tried to resist, he was overcome by violence or force
- The victim was afraid of offering resistance because of threats of serious and immediate bodily harm
- The sufferer lost his unconsciousness when the act occurred, but the accused knows about it, or
- The sufferer could not resist as the offender administered an anesthetic, narcotic, or intoxicating substance
Penalties/punishment for Idaho sex offenders
In Idaho, the act of rape is punishable by putting the convicted behind bars for a minimum of one year. However, the sentence for imprisonment can be extended up to lifelong in prison.