Idaho Rape and Sexual Assault Laws

Created by FindLaw's team of attorney writers and editors.

While each state defines the crimes of sexual assault (referred to as "sexual abuse" in Idaho) and rape slightly differently, sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive, while rape is any nonconsensual sexual intercourse. This article provides a brief overview of Idaho's rape and sexual assault laws.

Idaho's Rape Laws

Both men and women are protected under Idaho's rape laws. The table below outlines how rape can be committed in Idaho.

Code Section

Idaho Code section 18-6101 and section 18-6108: Rape

Female Rape

Rape of a woman is defined as the penetration of the oral, anal, or vaginal opening of a female with the offender's penis under any of the following circumstances:
  • The victim is less than 16 years old and the offender is at least 18 years old
  • The victim is 16 or 17 years old and the offender is at least three years older than she is
  • The victim is incapable of legally consenting due to any unsoundness of mind
  • The victim resists but is overcome by force or violence
  • The victim is prevented from resisting due to the infliction (or threatened infliction) of bodily harm, or is unable to resist due to any intoxicating, narcotic, or anesthetic substance
  • The victim is unconscious or unaware that the act occurred
  • The victim submits under the belief that the offender is her husband, or
  • The victim submits under the belief that if she doesn't submit the offender will cause physical harm to some person in the future, cause property damage, engage in a criminal act, accuse another person of a crime, or expose a secret that tends to subject any person to hazard, contempt, or ridicule

Male Rape

 

Rape of a man is defined as the penetration of the oral or anal opening of another man with the perpetrator's penis for the purpose of sexual arousal, gratification, or abuse, under any of the following circumstances:
  • The victim is less than 16 years old and the offender is at least 18 years old
  • The victim is 16 or 17 years old and the offender is at least three years older than he is
  • The victim is incapable of legally consenting due to any unsoundness of mind
  • The victim resists but is overcome by force or violence
  • The victim is prevented from resisting due to threats of immediate and great bodily harm
  • The victim is unable to resist due to the use of an intoxicating narcotic or anesthetic substance administered by the offender, or
  • The victim is unconscious of the nature of the act, and this is known to the accused

Penalties

Rape is punishable by imprisonment for at least one year, and the sentence may be extended to life in prison.

Idaho's Sexual Assault Laws

In Idaho there are 13 crimes that outlaw sexual assault and other related offenses within the state, including:

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.

State laws change frequently. For case specific information regarding Idaho's rape and sexual assault laws contact a local criminal defense attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.