Idaho Legislature passes bill to expand prison sex abuse law

A bill that would make it easier for prosecutors to charge prison staff accused of sexually abusing inmates passed the Idaho Senate on Tuesday and is now awaiting final approval from Gov. Brad Little. 

House Bill 696 was introduced by Idaho Falls Republican Rep. Marco Erickson in response to InvestigateWest reporting that exposed sexual abuse of women by prison guards — most of whom avoided criminal consequences. Reporters found 37 prison workers accused in the last decade of sexual misconduct toward incarcerated women. Only three were criminally charged. 

Prison officials, prosecutors and police blamed an Idaho law, in part, for making it difficult to punish the accused.  

Idaho’s “sexual contact with a prisoner” law limits the definition of sexual abuse when the victim is an inmate. The more than 30-year-old statute protects inmates from abuse only when prison staff touch the victim’s genitals or when they’re made to touch the genitals of staff, omitting kissing, groping and grabbing. 

House Bill 696 would make it a felony for jail and prison staff to have “any willful physical contact, over or under the clothing, when the physical contact is done with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of the actor or any other person.” The current law, written by a former Ada County deputy prosecutor, carries a maximum sentence of life imprisonment and lacks a mandatory minimum sentence, leaving penalties up to the judge’s discretion. The bill does not change that.  

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The bill passed with 34 senators voting in favor and one absent. If it’s signed by the governor, the updated law would bring the state more in line with federal standards under the Prison Rape Elimination Act, which prohibit all inappropriate touching, harassment and even voyeurism.

Gov. Little responded to journalists’ findings in October with a statement saying he would order the Board of Correction to review the cases in question and that “transparency and the public’s confidence in state government are top priorities.” But the review was never ordered and is not forthcoming, according to Little’s communications director, Emily Callihan. Last month, the governor’s office supported a decision by the prison system and the agency that certifies law enforcement to conceal information about officers’ employment histories that makes it more difficult to ensure accountability for officers accused of misconduct.   

Callihan did not respond to questions this week about whether Little planned to sign the bill. Rep. Erickson said he is confident that Little will approve it since there were no opposing votes in the House or the Senate. 

Other state laws make it illegal to touch the groin, inner thighs, buttocks, breasts or genital area of any person, including an inmate, without their consent. But those laws don’t recognize the power that prison staff hold over the people in their custody and, therefore, require prosecutors to prove that the victim did not consent. Incarcerated victims often go along with or reluctantly agree to sexual requests from guards because they fear retaliation if they say no. That’s why specific laws like “sexual contact with a prisoner” are written to protect people behind bars. 

Middleton Republican Sen. Tammy Nichols, who sponsored the bill in the Senate, told lawmakers that the bill is needed to address ongoing sexual misconduct in state prisons. 

“Unfortunately, these types of incidents are happening within our female population, and it is important for this law to be clear so there are no questions about what behavior is prohibited,” Nichols said.  

Idaho has the nation’s highest women’s incarceration rate, according to federal data, which Nichols said “makes it even more important that we have clear protections and accountability within our correctional system.” 

Tina Transue, the Department of Correction’s government relations adviser, said the department supports the bill, saying it “gives us more teeth.”