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Violence Prevention

Violence Prevention Programs
Dean of Students Office
Virginia Solan
TLC 232-A
University of Idaho
Moscow , ID 83843-2431
Phone: (208) 885-0688

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Definitions

Sexual Violence and the Law

University of Idaho Student Code of Conduct

“Sexual Violence” refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. This includes impaired ability due to alcohol or drug use, age and disability. A number of different acts fall within the definition of Sexual Violence, including but not limited to rape, sexual assault, sexual battery, and sexual coercion. 

State of Idaho criminal code

18-6101. RAPE DEFINED

Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator's penis accomplished with a female under any one (1) of the following circumstances:

  1. Where the female is under the age of eighteen (18) years.
  2. Where she is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental deficiency or developmental disability, whether temporary or permanent, of giving legal consent.
  3. Where she resists but her resistance is overcome by force or violence.
  4. Where she is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.
  5. Where she is at the time unconscious of the nature of the act. As used in this section, "unconscious of the nature of the act" means incapable of resisting because the victim meets one (1) of the following conditions:
  • Was unconscious or asleep;
  • Was not aware, knowing, perceiving, or cognizant that the act occurred.
  1. Where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
  2. Where she submits under the belief, instilled by the actor, that if she does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against her; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.

18-6103. PENETRATION.

The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime.

18-6608. FORCIBLE SEXUAL PENETRATION BY USE OF FOREIGN OBJECT.

Every person who, for the purpose of sexual arousal, gratification or abuse, causes the penetration, however slight, of the genital or anal opening of another person, by any object, instrument or device, against the victim's will by use of force or violence or by duress, or by threats of immediate and great bodily harm, accompanied by apparent power of execution, or where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent, or where the victim is prevented from resistance by any intoxicating, narcotic or anesthetic substance, shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.

18-6104. PUNISHMENT FOR RAPE.

Rape is punishable by imprisonment in thestate prison not less than one (1) year, and the imprisonment may be extended to life in the discretion of the District Judge, who shall pass sentence.

18-6108. MALE RAPE.

Male rape is defined as the penetration, however slight, of the oral or anal opening of another male, with the perpetrator's penis, for the purpose of sexual arousal, gratification or abuse, under any of the following circumstances:

  1. Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving consent.
  2. Where the victim resists but his resistance is overcome by force or violence.
  3. Where the victim is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution.
  4. Where the victim is prevented from resistance by the use of any intoxicating, narcotic, or anaesthetic substance administered by or with the privity of the accused.
  5. Where the victim is at the time unconscious of the nature of the act, and this is known to the accused.

18-6109. PUNISHMENT FOR MALE RAPE.

Male rape is punishable by imprisonment in the state prison for not less than one (1) year, and the imprisonment may be extended to life.

18-909. ASSAULT WITH INTENT TO COMMIT A SERIOUS FELONY DEFINED.

An assault upon another with intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or lewd and lascivious conduct with a minor child is an assault with the intent to commit a serious felony.

An assault with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed ten (10) years.

18-6105. EVIDENCE OF PREVIOUS SEXUAL CONDUCT OF PROSECUTING WITNESS.

In prosecutions for the crime of rape, evidence of the prosecuting witness' previous sexual conduct shall not be admitted nor reference made thereto in the presence of the jury, except as provided hereinafter. The defendant may make application to the court before or during the trial for the admission of evidence concerning the previous sexual conduct of the prosecuting witness. Upon such application the court shall conduct a hearing out of the presence of the jury as to the relevancy of such evidence of previous sexual conduct and shall limit the questioning and control the admission and exclusion of evidence upon trial. Nothing in this section shall limit the right of either the state or the accused to impeach credibility by the showing of prior felony convictions.