Connect with us

Idaho

Idaho law says rape victims are entitled to a timely police report for abortion care, but that doesn’t always happen

Published

on

Idaho law says rape victims are entitled to a timely police report for abortion care, but that doesn’t always happen


In Idaho, women who become pregnant following a sexual assault are legally allowed to get an abortion under the law’s few exceptions. But, they first have to report their assault to a law enforcement agency and produce a police report to medical providers.

Those who do report to law enforcement and request copies of the document required by the statute may find barriers in authorities’ failure to understand their role in the process and lack of consistent protocols to assist victims.

“Most survivors opt out”

Victims advocates say requiring women to report to law enforcement prevents many from seeking the help they need.

Kelly Miller, the former head of the Idaho Coalition against Sexual and Domestic Violence said rape and sexual assault are some of the most underreported crimes in the state.

Advertisement

“Sexual assault and its various manifestations happens at extraordinarily high numbers that are not captured in most of the national or state data,” she said. Fear of not being believed by authorities and retaliation from their aggressor who they may know are a few of the reasons women don’t report their assault to the police, she added.

In 2023, law enforcement agencies in Idaho processed 594 cases of rapes, a figure she said does not reflect the reality of sexual violence in the state.

“Often, sexual assault survivors just want it to be over and so having to go through the trauma of reporting, the trauma of a forensic interview, most survivors opt out,” she said.

A woman who has been raped and wants an abortion in Idaho, first has to report her assault to the authorities, then has to request a copy of her report from the police. Only then can a medical provider perform an abortion.

“Those barriers are just going to be too much for some of those victims,” Dr. Samuel Dickman, an abortion provider in Montana. “And they will have to continue pregnancies as a result. I think that’s just incredibly tragic.”

Advertisement

Dickman co-authored a study published in the Journal of the American Medical Association that estimates in the 16 months following Idaho’s abortion ban, around 11,000 women were sexually assaulted in the state, a much higher number than what is reported to the authorities. Of those assaults, the study estimates more than a thousand resulted in a pregnancy.

“And the rape exceptions are doing virtually nothing to help those victims,” Dickman said, adding about 50% of rape survivors who become pregnant as a result of their assault look to terminate the pregnancy.

“What that means is that the vast majority of survivors of sexual assault who become pregnant are not able to get legal care in state in Idaho, despite the fact that technically it ought to be available to them,” he added.

Miller said the legal system is not centered around the needs of victims. No other type of medical intervention appears to require patients to interact with law enforcement as a precondition for care.

“This is a such a personal and deep and profound trauma when someone’s sexually assaulted that asking them to report is taking away agency and choice, which was taken away from the first place in the sexual assault,” Miller said. “So it’s retraumatizing to require anyone to have to report to anybody.”

Advertisement

The 72-hour amendment

Idaho banned abortions in 2022, with exceptions in cases of rape or incest, and when the life of the mother is threatened. Victim advocates quickly pointed out that police do not release copies of records during an ongoing investigation, potentially preventing women from receiving timely abortion care. In 2023, the legislature amended the law, entitling victims of rape to receive their police report within 72 hours of it being made.

More than a year after the updated amendment went into effect, a Boise State Public Radio investigation shows law enforcement agencies and public records departments in Idaho are unevenly complying with its requirements, which could prevent victims of rape or incest from easily accessing the documentation they need for a legal abortion.

“It doesn’t work that way”

“We’re treating this notion of a police report like it’s a receipt in a store,” Sen. Melissa Wintrow said while debating the amendment before it passed on the floor in 2023.

“You get raped, you experience trauma, you go to the police, you get your receipt, and you come back to the physician, and then you ask for the abortion. It doesn’t work that way.”

“Police reports are intricate and complicated, and police just don’t take that lightly,” she added.

Advertisement

Sergeant Bryan Lovell from the Bonneville County Sheriff’s Office explained the process once police receive a request for a record.

“If it’s an active investigation, then, they’re not going to give it to you. And chances are, we wouldn’t even know if you’re the victim or a witness to it, or just someone that’s curious. Right?”

Idaho’s public records law says agencies can’t ask why people want a copy of a file, but under the amendment, a victim has to identify themselves as such to receive their report. Without specific protocols to differentiate requests from victims from the general public, victims going through standard public records portals may be denied up front.

“It just runs through that same process and we wouldn’t know,” Lovell said.

Police do not usually release files pertaining to an open investigation because they may contain sensitive information. When records are requested, they aren’t released immediately.

Advertisement

“We’ll get the request in for a particular report, and then it’ll go to the prosecutor’s office for approval, and they’ll come back and say, ‘this can be released or it can’t be released, or it can be released with redactions,’” he added.

Lovell said an option for victims whose initial request is denied would be to directly contact their prosecuting attorney’s office, something they might not know to do.

Agencies across the state comply with the requirement unevenly

Depending on where they report their assault, victims of rape may have more or less difficulty getting the documentation they need.

Boise State Public Radio contacted 56 agencies across Idaho and asked about their protocols to help rape victims access their reports.

Many did not answer. Others did not mention the 72-hour amendment and said they’d follow public records law requirements. Some said they’d defer any special cases to their prosecuting attorney’s office.

Advertisement

Ada County’s Prosecutor’s Office, which works with the largest police department in the state, cited the ongoing litigation against Idaho’s abortion statute when declining to answer questions about its protocols.

Agencies like the Meridian Police Department, Garden City Police Department and Fremont County Sheriff said they comply with the 72-hour amendment and have in-house advocates to assist victims.

As a victim witness coordinator with the Caldwell Police Department, Liz Godina said if a victim needed help getting a copy of her report, she could walk them through the system step-by-step.

“I would talk to them and kind of explain to them like, ‘this is what you are able to do, if you need me to help you, I can go with you to the records department and do that with you,’” she said, adding she could then make sure records custodians know about the updated 72-hour amendment.

“When we’re working with victims of crime, it’s very important for them to feel heard, ” Godina said. Accompanying them through that journey, she said, can make them feel respected and empowered.

Advertisement

Godina said she knew about the rape exemption’s 72-hour requirement because she read about it online and feels it’s important in her position to stay updated with law changes.

But not all victims across the state may be so lucky to have someone like Godina assisting them in getting a copy of their record.

Open investigation policies confuse the process

Some agencies contacted by Boise State Public Radio didn’t appear to have any streamlined way to provide victims their report, in particular during an open case. Others seemed unaware of the updated law altogether.

In July 2024, a year after the amendment went into effect, Rexburg’s Police Department wrote in an email that in order to get a copy of a report, victims had to go through the city’s website.

“There they can search for Public Records Request and fill out a form to obtain a copy of the report. It is then forwarded to our office and we proceed with the process of handling the request,” the email reads.

Advertisement

“If the investigation is complete and there are no pending charges or court action, the victim can receive a copy of the report. If the rape is still under investigation, a copy is not released until the investigation is complete, per our Madison County Prosecutor’s Office, and the victim is advised of this.”

Idaho’s amended abortion law says that if an act of rape or incest is reported to a law enforcement agency or child protective services “then the person who made the report shall, upon request, be entitled to receive a copy of such report within seventy-two (72) hours of the report being made, provided that the report may be redacted as necessary to avoid interference with an investigation.”

In Clearwater County, Sheriff Chris Goetz also said his office generally only releases records when an investigation is complete.

“An example for this type of case would be a victim reporting a rape and wanting a report from us that she had reported a rape so that she could get an abortion,” he wrote in an email. “If we have not yet done an investigation how would we know if a rape had actually occurred or if she just wanted an abortion.”

Goetz wrote that if a preliminary investigation showed a rape occurred, the agency would provide the report to the victim.

Advertisement

“An example of that would be that we have done all of the interviews and collected the physical evidence but are waiting on results from a lab before we could actually complete the investigation. We may not yet be able to file charges because the case is not complete but I would support the victim any way possible,” he added.

Denied Requests

At the Nampa Police, Detective Troy Hale, an investigator at their Office of Professional Standards, said their department realized it hadn’t been complying with the 72-hour requirement, and unknowingly denied records to rape victims in 2023.

“We found four that should have under the new law been released that weren’t and it was kind of more of a training issue at that point for our records division,” he said. “So it was just an oversight,” he added.

“Since then we’ve changed that procedure obviously in our records department to where within that 72 hour time frame from when they want that report, then we supply that now.”

The four victims were not notified of the department’s mistake in handling their request.

Advertisement

“To my knowledge, I don’t know that we contacted them at all,” Hale said. The reason for their initial request is unknown.

The Department of Health and Welfare reports five abortions were legally provided in 2023 in Idaho. There is no way of knowing if any were granted under the state’s rape exception.





Source link

Advertisement

Idaho

Meet the candidates in Idaho’s biggest legislative primaries

Published

on

Meet the candidates in Idaho’s biggest legislative primaries


The May 19 primary election will have a big impact on Idaho’s Legislature, with moderate and hardline Republicans facing off across the state.

Over the past two months, Idaho EdNews profiled 14 of the most significant races for education policy. Here they are in one place.

Follow our coverage on election night, with real-time results and breaking news updates. Click here for information on how to vote and find your sample ballot.

North Idaho

  • Who is running: Three-term Sen. Jim Woodward, R-Sagle, faces a fourth primary election against Scott Herndon.
  • Why it matters: This matchup is one of the most expensive primaries this year. Woodward is a “middle of the road” Republican who sits on the Joint Finance-Appropriations Committee. Herndon is a more hardline Republican who wants to eliminate property taxes.
  • Who is running: Two-term Rep. Elaine Price, R-Coeur d’Alene, faces Christa Hazel for District 4 House Seat B.
  • Why it matters: This race is a proxy fight in the war between the hardline Kootenai County Republican Central Committee (Price) and the moderate North Idaho Republicans (Hazel).
  • Who is running: Three-term Sen. Dan Foreman, R-Moscow, faces Rep. Lori McCann, a Lewiston Republican who has left her seat in the House for a Senate run.
  • Why it matters: Foreman is a hardline Republican who faced criticism from the right this year for holding in committee a bill to rein in teachers’ unions. McCann said she’s challenging him over his refusal to collaborate and communicate.

West Idaho

  • Who is running: Four-term legislator Sen. Christy Zito faces a three-way primary with two former legislators in the district: former House Majority Leader Megan Blanksma and five-term Rep. Terry Gestrin.
  • Why it matters: Zito is a member of the hardline Gang of Eight and sits on the Senate Education committee. Republicans in the House ousted Blanksma from leadership in 2024. She says Zito isn’t representing her district. Gestrin said he wants to get back into the Statehouse to solve problems for folks in the large, rural district.
  • Who is running: First-term Sen. Camille Blaylock faces a rematch with retired Marine and former legislator Chris Trakel.
  • Why it matters: Blaylock sponsored a $5 million high-needs fund for special education this year. Trakel sued the Idaho Home Learning Academy in 2025, claiming the virtual school discriminated against his constitutional right to free exercise of religion. A judge dismissed the suit.
  • Who is running: Two young Democrats with backgrounds in education are running for the wide-open District 16 House Seat A. Megan Woller leads the Idaho Head Start Association and Jeffrey Watkins is a West Ada public school teacher and union rep.
  • Why it matters: Watkins and Woller are running to replace Rep. Soñia Galaviz, a public school teacher and House Education member, in the reliably blue district. Woller said she has the diplomacy and negotiation skills to be a legislator. Watkins said Democrats need to be “incredibly vocal” in opposition to bills that harm Idahoans.
  • Who is running: First-term legislator Rep. Chris Bruce, R-Kuna, faces a rematch with Melissa Durrant for District 23 House Seat A.
  • Why it matters: School choice groups like the American Federation for Children are focusing on this race, supporting Bruce and opposing Durrant. Bruce believes state funding should follow the child whether they attend public, private or home schools. Durrant opposed an early version of the Parental Choice Tax Credit because there was no priority for lower income families.

Magic Valley

  • Who is running: Two-term Sen. Glenneda Zuiderveld, R-Twin Falls, faces Twin Falls County Commissioner Brent Reinke.
  • Why it matters: Zuiderveld is a prominent member of the hardline Gang of Eight and routinely opposes budget enhancements, including additional funding for the College of Southern Idaho. Reinke has decades of experience as a public servant and says Zuiderveld isn’t representing the district.
  • Who is running: First-term Rep. Clint Hostetler, R-Twin Falls, faces attorney Alexandra Caval for District 24 House Seat A.
  • Why it matters: In his first week as a legislator, Hostetler in 2025 introduced a $250 million private school tax credit bill. Caval said she hopes the primary election will be a “course correction” for the Magic Valley after Hostetler won two years ago.

East Idaho

  • Who is running: Two-term Rep. Rick Cheatum faces a three-way rematch with day trader James Lamborn and Air Force veteran Mike Saville for District 28 House Seat A.
  • Why it matters: Cheatum last year voted against the $50 million Parental Choice Tax Credit. Lamborn, a strong school choice supporter, said District 28 deserves a conservative, constitutional, Christian Republican. Saville has run for office as a Democrat, an independent and a Republican. He said he supports the country first, not the party.
  • Who is running: First-term Rep. Ben Fuhriman faces a rematch with former legislator Julianne Young for District 30 House Seat B.
  • Why it matters: Fuhriman sponsored the $5 million high-needs special education fund bill this year and opposed a bill to rein in teachers’ unions. Young is a social conservative who has worked on culture war bills, such as defining genders and prohibiting public funds for gender transition procedures.
  • Who is running: Four-term Rep. Rod Furniss faces former legislator Karey Hanks for District 31 House Seat B.
  • Why it matters: Furniss has worked on legislation to make it easier for districts to pass bonds and find funding to build schools. Hanks, a school bus driver, wants to get back into the Statehouse to protect children from the “woke” agenda. The two share similar views on social issues and support the transgender bathroom bill.
  • Who is running: Four-term Rep. Barbara Ehardt faces a challenge from firefighter Connor Cook.
  • Why it matters: Ehardt is a staunch social conservative who said the transgender community started the culture war, not the Idaho Legislature. Cook, a union member, says Idaho has “gone rogue” and is using social issues as a distraction from the budget.
  • Who is running: First-term Rep. Mike Veile faces former legislator Chad Christensen in District 35 House Seat A.
  • Why it matters: Veile, a former Soda Springs trustee, sits on the House Education Committee. He opposes private school tax credits and said Idaho doesn’t have enough funding to support multiple education systems. Christensen supports school choice and would like to explore school district consolidation.



Source link

Advertisement
Continue Reading

Idaho

Idaho Supreme Court says new law could delay adoption, parental termination cases

Published

on

Idaho Supreme Court says new law could delay adoption, parental termination cases


A recent Idaho law could slow the process for some child custody disputes and even adoption cases, the Idaho Supreme Court found in a ruling this week.

The law, created in 2025 through Senate Bill 1181, means some Idaho parents who can’t afford legal representation won’t have state-provided defense attorneys in cases that could risk them permanently losing their kids, the court found.

In the opinion, the court alluded to an essentially unenforceable right to public defense in some parental rights termination cases brought by private parties, rather than the state Department of Health and Welfare. That’s because courts can’t require the state’s public defenders to represent parents in those privately brought cases, the Idaho Supreme Court found.

“This gap created by Senate Bill 1181 is vitally important matter that needs to be addressed by the Idaho Legislature. If constitutionally required representation cannot be provided in private termination cases, it will likely result in serious delays or even dismissals of cases affecting Idaho’s children and parents,” Chief Justice G. Richard Bevan wrote in the opinion published Tuesday. “It may mean that children awaiting adoption cannot be adopted.”

Advertisement

The decision comes more than a year after the Legislature passed the bill over the objections of child welfare attorneys, who warned about the bill’s impact on parents’ right to legal counsel. The bill was pitched as a way to control the workload of public defenders as the state overhauled its public defense system.

Attorney says this is the ‘conundrum’ she warned Idaho Legislature about

There are two ways parental rights termination cases can be brought: By the state — often initiated by a state Department of Health and Welfare, or by a private party, such as one parent wanting to end the rights of another parent.

For over 60 years, Idaho law gave parents deemed legally indigent — essentially those who can’t pay legal bills — and who were facing parental rights’ termination cases “with a categorical right to an attorney at public expense,” Bevan explained in the opinion.

But in 2025, he wrote all of that changed when the Legislature passed Senate Bill 1181.

The bill was meant to control the workloads of public defenders as the state consolidated public defense from counties into one statewide office. But at the time, two child welfare attorneys warned the law might inadvertently end the right to legal counsel in privately brought parental right termination cases, the Idaho Capital Sun reported.

Advertisement

One of the attorneys who testified on the bill, Mary Shea from Pocatello, said in an interview that the court described “exactly the conundrum” that she was trying to warn the Legislature about.

“It’s an invitation to the Legislature to fix this, and to provide some kind of a funding mechanism so that those private terminations and adoptions can continue to proceed,” she said. “Because we do have a shortage of attorneys in this state. It is very difficult for us to provide the low-income and pro bono needs for the entire state.”

Sen. Todd Lakey, a Nampa Republican who was the bill’s original sponsor, said in an interview that the Legislature could take up clarifications next year.

“I personally am reluctant to have the taxpayers fund legal costs in a private party termination,” Lakey said on Wednesday. “That said, I recognize that there is a certain situation where it’s constitutionally required, and I want to make sure we’re limiting the burden on the taxpayers to only those situations, where it’s fundamentally required constitutionally. I think as the court noted, that’s kind of a case by case basis, depending on the circumstances.”

Rep. Dustin Manwaring, a Pocatello Republican who also cosponsored the bill, said in an interview that he already has ideas for legislation to address that issue flagged in the ruling.

Advertisement

“When representation is appointed and is constitutionally required, then we need to clarify who’s picking up the tab for that. So, we will do that. And I will personally commit to taking that on and making sure we get that done,” he said.

How the Idaho Supreme Court ruled

The bill, Bevan wrote, requires the State Public Defender’s Office only to represent parents deemed legally indigent in parental rights’ termination cases brought by the state — not by private parties.

“That begs the question: if representation is constitutionally required in a private termination case, who would provide it?” Bevan asked.

Parents in private parental termination cases sometimes still have due process rights to public defense counsel, Bevan wrote, pointing to precedent in the U.S. Supreme Court. But since Idaho courts can no longer order the State Public Defender’s Office or counties to pay for that defense, he wrote that the courts effectively can’t appoint public legal representation in those cases.

“If neither the (State Public Defender’s Office) nor the counties can be required to provide representation, a private termination proceeding may fail to comply with the requirements of due process,” Bevan wrote. “The legislature has eliminated the options available to courts for appointment of counsel at public expense.”

Advertisement

Some parents who are entitled to representation won’t get it, he wrote.

“We have little doubt that, so long as the representation gap created by Senate Bill 1181 exists, at least some indigent parents who constitutionally require representation will not get it,” Bevan wrote.

Idaho State Public Defender Office spokesperson Patrick Orr said in a statement that the agency hasn’t been assigned any private termination cases since the court took up the case in October.

“Our view is the same now as it was last year. Our office provides indigent defense representation – and representation for parents in Child Protective Act cases where the state seeks to interfere with a parent-child relationship,” he said. But, he added, “we can’t provide legal representation in a private termination case.”

Copyright 2026 KMVT. All rights reserved.

Advertisement



Source link

Continue Reading

Idaho

Idaho silversmiths craft wearable works of art inspired by the West

Published

on

Idaho silversmiths craft wearable works of art inspired by the West


From artisan jewelry to cowboy boot spurs, women silversmiths in Idaho turn raw metal into works of art. As part of a special Expressive Idaho series, we are revisiting a gathering of Idaho artisans called the “Cowgirl Congress.”

This story was made to be heard. Click or tap the ‘Listen’ button above for the full audio.

Transcript:

CERISE: I wanted every piece to be hand forged and individual and unique. It’s very rare that I make two pieces that are exactly the same.  My name is Mary Cerise and I am the owner of Hanging Moon Silver, which is a silver company. I make fine and very wearable art out of sterling and fine silver.  I am not originally from Salmon, but it’s been my home for 16 years and I really enjoy that little kind of nook of the world that is off the beaten path. And it is definitely a destination.

Advertisement

Arlie Sommer

/

Idaho Commission on the Arts

Mary Cerise of Hanging Moon Silver in Salmon leading the presentation on Building the Artist Road Map.

WANGSGARD:  I’m Annie Wangsgard and I live in Milad, Idaho. And I’m a silversmith and I’ve been silversmithing for 12 years, I think, right around there. My favorite part about probably the whole process of anything that I make is the design, you know, the design process, and trying to come up with something that has never been done before, I guess I rate my success on whether I’m able to take the image in my brain and the idea and then bring it to life. And if I can do that, then it’s success.

CERISE: I use a lot of opals and turquoise. I’m very particular about my sourcing of stones, so I use very ethically sourced, I know all of my miners and my lapidary cutters, and that’s very important to me that I’m buying right from the guys who dig it out of the ground.

Advertisement

WANGSGARD: When I first got started, I was really drawn to rings. I, a little bit got branded as a ring maker, you know, a western ring maker, which is great, I’ll make lots of different things. I’ve made spurs. And I’ve made a bit. And um, it’s definitely a lot different than just silversmithing. Working with steel is a lot dirtier than working with silver.

Annie Wangsgard of Silver Dust Silver Company in Malad.

Arlie Sommer

/

Advertisement

Idaho Commission on the Arts

Annie Wangsgard of Silver Dust Silver Company in Malad.

CERISE: This Idaho Cowgirl Congress. And there’s something about being with other makers, even if they’re not silversmiths, maybe they’re not metal workers, they’re leather workers or fiber artists, fine artists. We travel along the same path a lot. I love the opportunity for collaboration, and I just want to continually learn. That’s my definition of success, is continually striving to learn more and push harder. Some of the hardest days give me the best pieces of work because usually those are the most beautiful times. We have similar difficulties with or challenges that we face, right? Having these businesses and being an artist. And we also have big successes, and those are the people that celebrate your successes. So I would say, it feels like coming home.

This Expressive Idaho episode was produced by Lauren Paterson, with interviews recorded by Arlie Sommer and edited by Sáša Woodruff. Music by Lobo Loco.

The web article was written and edited by Katie Kloppenburg and Lacey Daley.

Expressive Idaho is made in partnership with the Idaho Commission on the Arts’ Folk and Traditional Arts Program. This program is supported in part by the National Endowment for the Arts.

Advertisement





Source link

Continue Reading
Advertisement

Trending