Rape cases rare here

It is still relatively rare for rapes to be reported and go to trial in Elmore County, but the number, along with other sex crimes, is increasing, according to county Prosecutor Aaron Bazzoli.

"We've been seeing a significant increase in serious felonies" involving sex crimes, he said. In the first 10 months of this year there have been at least 12 cases involving lewd and lacsivious behavior, rape (of various types) and other cases, up 25 percent from the year before, and before the recent alleged rape of a young woman at a party.

That alleged rape case has focused attention on the procedures used by law enforcement and the law concerning rape and other sex crimes.

"Rape has been called the ultimate violation of a person, next to murder," Bazzoli said.

Idaho law recognizes several types of rape.

Statutory rape, the most common form of rape reported in Elmore County, occurs when "any male, regardless of age, has intercourse with a female under the age of 18."

"We get about 5-7 of those reported each year," Bazzoli said. "Normally, it occurs when parents are trying to stop some sexual activity going on between their daughter and a boyfriend, sometimes when a girl breaks up with a boyfriend, but most frequently, when an underage girl gets pregnant. The parents come in and want charges filed. In a way, that's the easiest to prove," because blood and DNA tests with the fetus can prove paternity and thus prove that intercourse took place.

"One of the problems we have in these types of cases is proving that they had sex. Just because a man says he's had sex with a girl, doesn't mean he did. Men are not always utterly forthright about such things."

There are also two basic forms of forcible rape. One involves the direct application of force or threats. "You don't have to fight until you are nearly dead," Bazzoli said. "Saying 'no' is sufficient.

"If your will is overcome by a threat to yourself or your family, or there is straightforward force and violence, then it's rape."

It isn't even necessary to say "no."

Under Idaho law, rape occurs if a victim is unable to provide consent due to incapacity, such as when a person is too drunk or drugged to resist, or if a person is incapable of providing consent because of mental retardation or incapacity. "Just because she can't say 'no' doesn't mean she said 'yes'," Bazzoli noted.

There is also a form of spousal rape on the books. "We've had a couple of those," Bazzoli said. "They're difficult to prove, but not impossible."

Forcible rapes due to violence are rarely reported in Elmore County. Rape due to incapacitation is more common.

As a rule of thumb, experts say only about one in ten rapes is reported to police, and only about one in ten eventually go to trial.

"A lot of times, the victims don't want to testify, they don't want to go through it again on the stand," Bazzoli said. "I can understand that and I won't force a case forward without their cooperation.

"But women should know the rules have changed, too. It's not as traumatic as it was in the past. In most cases, for example, you can't bring up a woman's past sexual history any more.

"Still, it's a very personal and highly traumatic thing, and a lot of women just want to forget about it. It's not unusual to see them move away before our investigations are completed and we can bring a case to trial."

Bringing a rape case to trial, like any major felony, is a long process. It begins when the crime is first reported.

"The first person they're probably going to meet is an officer," Police Chief Tom Berry said. The field officers will get some basic information while they call in the detectives, all of whom are trained in how to handle rape cases. "They may or may not want some friends to be present with them. We go with what they feel most comfortable with," Berry said.

They'll be asked if they want to talk only to a female officer. "Surprisingly enough, that doesn't happen a lot. If you treat the victim with dignity and maturity," Berry said, "that's what counts. When they're treated professionally, they know they'll be taken care of."

Berry said sometimes it can take several interviews, over the course of days or weeks, to elicit all the information they need. "We take it at the pace that they're comfortable with. This is very personal and very painful to them, and we know that. They're often highly traumitized when they first come in, and it can sometimes take a while before they are willing and capable of giving us the information we need to investigate the case properly."

It is not unusual for a victim to report a case days, or even weeks, after the actual attack, a factor that works against being able to do a thorough investigation. Usually, a friend or family member is the first person to whom they report the attack.

If the attack is reported promptly, and the victim hasn't washed herself or her clothes, a great deal of forensic evidence can be obtained.

If the attack is reported soon enough that it is possible to obtain physical evidence, the victim is taken to the hospital. Berry has arranged with the hospital to have a separate room set up for the victim so she isn't seen by passersby.

The hospital then takes swabs of fluids to be used by the laboratories in helping develop evidence, including DNA evidence, takes blood and urine samples to check for any sexually transmitted diseases or pregnancy, takes photos of any cuts or bruises, and assists the person by directing them to rape counseling services available in the Treasure Valley.

"The nurses and doctors have been trained in how to gather evidence," Berry said. "They know it is hard for the victim, but they do a very good job, and they are very supportive. They are very concerned, very professional, and very caring. They provide whatever it takes to get them through it."

At every step of the way, the victims are encouraged to seek counseling, usually through the rape crisis center in Boise. That counseling is paid for from the Victim's Compensation Fund.

After police gather sufficient evidence to file charges, the case is turned over to the prosecutor's office. "Unless an arrest is made right away, sometimes it can take months to put together a case," Berry admitted.

But as long as the victim is willing to go forward with the case, the detectives don't stop, he said. "I can understand why some women decide to drop it," Berry said. "A lot of them just want to forget it, or they don't want all the additional hassles. But we encourage them to stick with it, because if a guy does it to them, there's a good chance he's going to do it to someone else in the future. We'd rather we got them off the street."

After the case goes to the prosecutor's office Bazzoli interviews the victim again, and lays out the procedures that will take place before, during and after a trial. "I want them to know what their position will be, what they can expect.

"It is not an easy process, it is not a fun process, but it is an important process if we're going to put their attacker away.

"If the victim indicates they are prepared and willing to go through with it, we will definitely prosecute the case, but if they decide not to, well, it's pretty hard to get a conviction and I don't like forcing a woman to testify, so if they decline to go forward at that point, the case usually gets dropped."

But if they do go forward, Bazzoli said, "we have a good chance to get a conviction. We have good, well-trained detectives and investigators, and a good system in Elmore County. We consider these serious crimes and will do everything we can to assist the victim in seeing justice is done."