Senate approves fix to rape-by-fraud statute


Superintendent of Public Instruction-elect Sherri Ybarra could help spike a former lawmaker's pension.

The Idaho Senate approved changing the state’s rape-by-fraud law to protect all women. The current law only applies to women who are raped by their husbands, which resulted in a high-profile case in Ada County last year.

Sen. Denton Darrington, R-Declo, called that case egregious, but said the district court ruled correctly that the law didn’t apply to a woman whose then-boyfriend allegedly tricked her into having sex with a man she barely knew. Darrington said expanding the rape-by-fraud law acknowledges that some living arrangements and relationships aren’t between a husband and wife.

The Senate approved the plan without dissent on a 32-0 vote and with little discussion. “There’s just absolutely no reason why these cases should not be treated as rape,” Sen. Les Bock, D-Boise, said.

The Senate also approved by a 32-0 margin several pieces of legislation backed by the Idaho Department of Correction (IDOC), including a plan that would let parole and probation officers serve as peace officers when requested by state, local, or federal law enforcement. The Senate also approved small changes to IDOC’s organizational structure and its educational programs for offenders.

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The law would protect women from rape by men they aren't married to., The law would protect women from rape by men they aren't married to.
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