18-6108 MALE RAPE. - Idaho Statutes

TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 61

RAPE

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 under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.

(2) Where the victim is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the victim.

(3) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving consent.

(4) Where the victim resists but his resistance is overcome by force or violence.

(5) Where the victim is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution.

(6) 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.

(7) Where the victim is at the time unconscious of the nature of the act, and this is known to the accused.

The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the victim, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the victim.