Lawmakers work to close loophole in Idaho rape-by-fraud law

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by Associated Press

KTVB.COM

Posted on January 18, 2011 at 9:05 AM

Updated Tuesday, Jan 18 at 10:07 PM

BOISE -- Lawmakers have begun what they hope is the quick process of closing a loophole in Idaho's rape laws that helped two men evade felony charges last year.

Idaho's existing rape-by-fraud statute covers only a woman tricked into believing the man she's having sex with is her husband.

But two southwestern Idaho men avoided charges following an incident last July in which a woman was duped into having sex with her boyfriend's friend.

Because the woman wasn't married to either of the men who tricked her, a 4th District Court judge ruled they couldn't be charged with rape and the aiding and abetting of a rape.

District Judge Cheri Copsey called what happened "despicable," but said Idaho law left her no choice but to dismiss the case. 

Republican Sen. Denton Darrington has vowed for a quick fix and introduced the measure Monday.

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