The circumstances and details leading up to every rape crime vary, but without consent it is always a crime.
Idaho’s current rape law is tone deaf with little regard for the differences in individual cases. All forms of rape are contained under the same statutory umbrella. Statutory rape — that is, sex with a minor — is also lumped with all other rape crimes.
Other states have developed laws to address the variations of sexual assault crimes. The Washington rape legislation has 41 sections that divide rape into several different categories, and then three degrees within each of those categories.
Idaho’s legislation has 10 sections defining three types of rape: rape, male rape and spouse rape.
In order to get a conviction in Idaho, prosecutors in all rape cases must prove that there was penetration and resistance overcome by force or violence. Proving this is difficult, and most cases that should be rape are tried under different charges.
The Idaho Supreme Court did take a step forward though, with its recent ruling that verbal resistance counts as resistance in a rape case. But the prosecution still has to find a way to prove resistance, which is problematic.
This leads to fewer prosecutions. In turn, victims see they cannot get redress from the courts, and so they do not report rape.
When rape is reported, convictions are few and far between. Former University of Idaho student Jesse Vierstra who was recently convicted of rape, was charged twice before with sexually motivated battery, both of which were further reduced to disturbing the peace.
Idaho’s antiquated laws need to be updated. The national stigma against reporting and prosecuting rape and makes it hard enough to get a conviction, and Idaho’s laws make it even more difficult.
Each legislative session, a UI student spends time in Boise lobbying for UI’s interests. These lobbyists are in a unique situation to influence lawmakers through a student perspective, which could eventually lead to changing the rape laws.
Students, faculty and staff can make legislators aware of the importance of changing these laws by calling and writing to their state representatives.
It is time for Idaho to change, but change will only come if we speak up.
— KC