On Wednesday, the House passed Senate Bill 1089 in a unanimous vote, repealing a portion of Idaho law that provides exceptions to the criminal definition of rape based on the relationship of the parties, where those actions are otherwise illegal outside of marriage.
Sen. Melissa Wintrow, D-19
Sen. Melissa Wintrow, D-Boise, drafted the legislation to address a long-standing inconsistency in the law that can be tied to outdated and sexist attitudes that wives were “property” of their husbands. In Idaho, exemptions to rape based on marriage were first introduced in 1977 and modified overtime.
“As times change, so do attitudes and values; our laws should reflect those changing values. The unanimous vote speaks loudly that no one should be given a pass to commit a crime based on a relationship for actions that are otherwise criminal,” Wintrow said.
The bill now moves to the governor’s desk for consideration. It was carried in the House by Rep. Colin Nash, D-Boise, and also passed the Senate unanimously in March.
The bill’s passage coincides with Sexual Assault Awareness Month, and it is the seventh piece of legislation Wintrow has sponsored in a body of work related to addressing sexual violence in the state. Others include how we process, track and preserve sexual assault kit evidence in Idaho, as well as extending civil protection orders to victims of sexual assault, which was introduced in 2019 but held in committee due to inference of a special interest group.
“It’s important to work with stakeholders to continue our work to address problems in statute and to identify funding sources for education and prevention measures,” Wintrow said. “Rape is rape no matter who you are or what relationship you are in.”