[Vision2020] Idaho's Rape-by-Fraud Statute

[Reggie Holmquist]

I have a strong feeling that that's what Bouma would have said as well.
There's a strong element of this sort of attitude within the ID Republican
Party, represented by folks like Thayn and Nonini.  Just like that bill they
were talking about that would have eliminated no-fault divorces, making it
much harder for women to get divorced.  I can't remember if that ever passed
or not.  Anyway, it seems like the Bouma-style Tea Party folks in Latah
County are down with that style of conservatism.

-Reggie

On Sat, Dec 4, 2010 at 3:34 PM, Sue Hovey <suehovey at moscow.com> wrote:

> Well if he isn't, he should be.  I would just about bet that a majority of
> those to be sworn in in Jan would say if she's unmarried and having a
> sexual
> relationship, she deserves what she gets.  Any takers???
>
> Sue H.
>
> -----Original Message-----
> From: Tom Hansen
> Sent: Saturday, December 04, 2010 1:59 PM
> To: Moscow Vision 2020
> Subject: [Vision2020] Idaho's Rape-by-Fraud Statute
>
> “'I’m going to make an attempt to fix it,' Republican Denton Darrington,
> chairman of the Senate Judiciary and Rules Committee, told the AP."
>
> ATTEMPT?!?!?!?
>
> Is Darrington expecting obstacles, in the Idaho legislature, in correcting
> this atrocity?
>
> Courtesy of today's (December 4, 2010) Spokesman-Review.
>
> ---------------------------------------------------------
>
> Legislator to take up rape-by-fraud statute
> Loophole led judge to reject recent case
> Jessie L. Bonner
>
> Associated Press  BOISE – A quirk in Idaho law that prevented an unmarried
> woman from pressing rape charges after she was tricked into having sex
> with a man she didn’t know could be changed in the 2011 Legislature.
>
> Idaho law says that a rape charge can be filed if a woman is tricked into
> believing the person committing the act is her husband. But the
> rape-by-fraud statute doesn’t protect the unwed.
>
> “It’s just a really bizarre statute,” said Terry O’Neill, president of the
> National Organization for Women in Washington, D.C. “A woman is raped
> whether she has a ring on her finger or not.”
>
> Republican Denton Darrington, chairman of the Senate Judiciary and Rules
> Committee, told the Associated Press that he wants to fix the statute so
> that it includes both married and unmarried victims.
>
> “I’m going to make an attempt to fix it,” Darrington told the AP. “I have
> legislation.”
>
> The law came under scrutiny last month when an Idaho judge dismissed rape
> charges against two Boise men in a decision that hinged on the victim’s
> status as an unmarried woman.
>
> Police say the woman had been drinking the night of July 21 when she had
> sex with her then-boyfriend, Zachary McGraw. Police say the woman was
> later tricked by her boyfriend into sex again with another man, Cielo
> Sanchez, whom she didn’t know before that night.
>
> The woman ended the encounter when she realized Sanchez was not her
> boyfriend. She later called police.
>
> Both men were arrested later that month and indicted by a grand jury in
> August.
>
> District Judge Cheri Copsey called what happened “despicable” during a
> Nov. 17 hearing, but said Idaho law left her no choice but to dismiss
> charges of rape and the aiding and abetting of a rape.
>
> Copsey admonished state lawmakers for not updating the Idaho code.
>
> A change to include all victims, and not just spouses, should be a simple
> fix, Darrington said.
>
> “All you do is insert another sentence,” he said. “It’s a fix that could
> be doable.”
>
> The change is not expected to affect many cases.
>
> ---------------------------------------------------------
>
> Welcome to the Idaho legislature. Please set your clocks back sixty years.
>
> Seeya round town, Moscow.
>
> Tom Hansen
> Moscow, Idaho
>
> "The Pessimist complains about the wind, the Optimist expects it to change
> and the Realist adjusts his sails."
>
> - Unknown
>
>
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