Idaho State and Statute on Rape

Paper Summary:

This paper discusses how current law in Idaho is reflective of considerable change, especially with regard to rape statues. The paper specifically discusses common law and how it is based upon regional considerations and is largely determined by the development of precedence in the historical legal system. The paper looks at how this relates to rape statutes and how it is changing over time.

From the Paper:

"Though Idaho is no longer considered a "common-law" state with regard to domestic situations, i.e. regarding the determination of marital status and on other issues it is legitimately still very demonstrative of common law history, a fact that can be attested to by the ability of a single do-gooder to choose to enforce a law that was previously ignored. Other issues, such as common property, among domestic partners, are a later adoption of a common law practice, in Idaho. For the most part it makes sense that legal situations in low population areas could and possibly still should be decided by legal prescience as well as the foundations of common law, in which lies the desire to create and enforce laws that are reflective of the common people and their beliefs and standards at any given time. Changes to the Idaho statute on Rape could include more specific sentencing regulations, a trend associated with a national movement for minimum mandatory sentencing, but many would argue against such action."

Sample of Sources Used:

• Aho, J. A. (1990). The Politics of Righteousness: Idaho Christian Patriotism. Seattle, WA: University of Washington Press.
• American Prosecutors Research Institute State Rape Statutes p. 8 Retrieved November 20, 2007 from: http://www.arte-sana.com/articles/rape_statutes.pdf
• Bonner, J. R. (2002). Reconceptualizing VAWA's "Animus" for Rape in States' Emerging Post-VAWA Civil Rights Legislation. Yale Law Journal, 111(6), 1417.
• Bryden, D. P., & Lengnick, S. (1997). Rape in the Criminal Justice System. Journal of Criminal Law and Criminology, 87(4), 1194-1384.
• Burgess-Jackson, K. (Ed.). (1999). A Most Detestable Crime: New Philosophical Essays on Rape. New York: Oxford University Press.

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