Most people understand what rape is. In fact, most of us know what statutory rape is. In Idaho, there are a variety of sexual crimes relating to a child or anyone under the age of 18. Usually, the specific charge depends on the ages of both the defendant and the victim. The reason why the specific charge matters is because it can make the difference between serving a year in prison compared to serving a life sentence. Your Boise criminal defense attorney will do the best they can to get your charges reduced or dismissed. However, there are some situations in which even the best criminal defense lawyer’s hands will be tied.
The laws in Idaho have been challenged of late because they seem to be conflicting. Someone can face a greater penalty for having sex with a 17-year old as they will if they force themselves on someone who’s older than 18. Regardless of whether the laws seem fair, one thing remains true. If you’re convicted of any child sex crime in Idaho, not only will you be facing jail time, but you’ll also have to register on the sex offender list.
If you’ve been charged with any of the crimes described below, it’s crucial that you retain an experienced criminal defense lawyer. Otherwise, you could be facing a life in prison. Even if you manage to walk away with a lighter sentence, your reputation will be ruined, and you’ll become a registered sex offender. Call our office right away so your Boise criminal lawyer can get started on preparing your defense.
What is Statutory Rape in Idaho?
Statutory rape is when someone of legal age (18 or older) engages in any sort of sexual contact with someone under the age of 18. It doesn’t matter if you know how old the victim is at the time of the sexual contact. It doesn’t matter if they consent to the activity. That’s because, under the law, someone who isn’t legally an adult cannot possibly consent to any sort of sexual conduct.
According to the law in Idaho, the following two situations constitute statutory rape:
- The victim is under the age of 16 and the defendant is 18 or older
- The victim is 16 or 17 and the defendant is at least 3 years older than the victim
This means that if a 19-year old has sex with a 15-year old. Or, if the 19-year old is 3 years and day older than their 16-year old girlfriend or boyfriend, it can be considered statutory rape. The other important thing to remember is that oral sex counts as sex for the purposes of a statutory rape charge.
What is Lewd Conduct with a Minor?
You can be charged with a felony sex crime in Idaho even if you don’t actually have sex. Lewd conduct carries a charge of up to life in prison. It includes the following:
- Any sexual contact with someone under the age of 16
This includes things like sending a naked picture over your cell phone. It also includes any contact with the victim’s genitals, even if penetration or oral sex does not take place.
Contact an Experienced Criminal Defense Lawyer in Boise
If you (or your teenager) has been charged with any sort of sex crime in Idaho, you need help. At a minimum, you’ll be looking at a year in jail. Worst case, you could end up spending the rest of your life in prison. The laws in Idaho are pretty strict and they can be confusing, especially for someone who is dating someone even slightly younger than they are. That’s why you need to talk to an experienced criminal defense lawyer in Boise, Idaho sooner rather than later.
Call and schedule your initial consultation with your office. With your entire future at stake, you don’t want to take the risk of handling your case on your own. Your attorney will review your case and see what you’re up against. They’ll also reach out to the prosecutor to see if they can get the charges reduced or dismissed. Contact us today and set up a date and time that works for you. If you’re unable to come into the office due to the COVID-19 epidemic, we can arrange to conduct a telephone consultation instead.