Sexual Assault Laws in Idaho

Idaho's main sexual assault crime is rape, defined as penetration with a penis accomplished by force or violence, threats of bodily harm, when the victim is drugged, unconscious, asleep or unable to give legal consent because of mental condition, through deception about identity, or through certain threats; it also covers sex with an under-age victim (see the age-of-consent page). Rape is a felony punished by at least 1 year and up to life in prison. Forcible penetration by use of a foreign object (by force, duress, threats, or when the victim is incapacitated, drugged or unconscious) is a felony punishable by up to life. Sexual battery (unwanted touching of intimate parts) is a misdemeanor (up to 1 year and/or $2,000), and aggravated sexual battery is a felony up to 20 years.

Idaho's rule on court-appointed lawyers: An indigent person who is detained, confined, or formally charged with a serious crime is entitled to counsel and defense services at public expense to the extent the person cannot pay. Idaho's State Public Defender provides representation. The court decides indigency, generally at the first court appearance, and presumes indigent: persons whose current monthly income does not exceed 187% of the federal poverty guidelines; persons (or their dependents) receiving public assistance such as food, health coverage, cash or child-care assistance under title 56; and persons serving a sentence in a correctional facility or housed in a mental health facility. The court may also consider income, property, obligations, dependents and the cost of bail. A convicted person may be ordered to reimburse costs unless it would cause manifest hardship. Idaho Code §§ 19-6009, 19-6011

Lawyers set their own fees, and Idaho has rules on how they may charge. See hiring a criminal defense lawyer in Idaho for fee rules, how to check a lawyer's license and free help.

How release before trial works in Idaho: A defendant charged with a crime not punishable by death must be admitted to bail or released on own recognizance before a plea or verdict of guilty. Magistrates and district courts set bail; bail stated on a warrant applies unless the magistrate finds good cause to change it. In setting release, bail amount and conditions the court may consider factors including employment and financial condition, family ties, residence history, character, the nature of the charge, prior record and past appearance in court, community ties, and the results of a pretrial risk assessment using a tool approved by the Idaho Supreme Court. The court must not require that bail be posted only in cash; bail may be a cash deposit, property bond or surety bond. After a hearing the court may increase or reduce bail, and a defendant may apply for a reduction for good cause with notice to the prosecutor. Idaho Criminal Rules 5(f), 46(a), (b), (c), (f), (l) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Idaho expungement and record sealing rules.