Sexual Assault Attorneys in Idaho: Your Complete Legal Guide
If you or someone you love has survived sexual assault in Idaho, this guide explains your legal rights, Idaho’s laws governing civil claims, and profiles five law firms that represent survivors in civil lawsuits across the state.
Introduction
Idaho is one of the more restrictive states in the country for civil sexual abuse lawsuits. The civil age cap for childhood sexual abuse is among the lowest in the nation, and no lookback window has been enacted to revive previously time-barred claims. Child USA has given Idaho a failing grade on its civil SOL age cap. Despite this, survivors do have legal options, and Idaho courts have produced significant verdicts for abuse victims. If you were abused, consulting an attorney immediately is critical because the deadlines can expire quickly.
Idaho Sexual Assault Laws
Definitions and Criminal Offenses
Idaho’s sexual offense statutes are found primarily in Idaho Code Title 18, Chapters 15 and 61.
Rape (I.C. § 18-6101): Idaho defines rape as nonconsensual oral, anal, or vaginal penetration by a penis, however slight. Statutory rape applies when the victim is under 16 and the accused is 18 or older, or when the victim is 16 or 17 and the perpetrator is at least 3 years older. Rape is punishable by a minimum of 1 year and up to life in prison.
Lewd Conduct with a Minor Under 16 (I.C. § 18-1508): Any lewd, lascivious sexual contact with a child under 16 for purposes of gratification. Conviction carries up to life in prison.
Sexual Abuse of a Child (I.C. § 18-1506): Sexual contact by a person 18 or older with a child under 16. Conviction carries up to 25 years.
Sexual Battery of a Minor Aged 16 or 17 (I.C. § 18-1508A): Lewd conduct or sexual contact with a 16 or 17-year-old by a person at least 5 years older. Punishable by up to 25 years or life, depending on the circumstances.
Idaho law provides that minors under 18 cannot legally consent to sexual activity with adults, making any such contact automatically qualifying as sexual battery in the civil context.
Age of Consent: 18 (with statutory carve-outs for peers within 3 years of age for 16 and 17-year-olds).
Statutes of Limitations
Criminal SOL (I.C. § 19-401)
There is no criminal statute of limitations for rape, sexual abuse of a child (I.C. § 18-1506), and lewd conduct with a child. For other sexual offense felonies, the SOL is 5 years from the date of the offense. Misdemeanor sex offenses carry a 1-year criminal SOL.
Civil SOL
Idaho’s civil statute of limitations for sexual abuse claims is among the most restrictive in the country.
Childhood sexual abuse (I.C. § 6-1704): Survivors abused as minors have until their 23rd birthday (5 years after turning 18) to file a civil lawsuit, OR within 5 years of discovering, as an adult, the connection between the abuse and an injury or condition they suffer. The discovery rule begins when the survivor first recalls the abuse and recognizes its causal link to their injury. For cases involving continuing abuse over time, the 5-year clock may be measured from the last incident. A parent’s prior knowledge of the abuse does not start the clock for the minor survivor.
Adult survivors (18 or older at time of abuse): Under I.C. § 5-219(4), adult survivors have 2 years from the date of the assault to file a civil lawsuit. The clock generally begins when “some damage” is objectively ascertainable, which courts have interpreted as close to the time of the assault.
No lookback window: Idaho has not enacted any revival window to reopen time-barred childhood sexual abuse claims. This distinguishes Idaho from states like Delaware, Colorado, and Hawaii that have passed such legislation.
Government defendants: Special notice rules apply when suing a government entity such as a public school or state agency. A written tort claim notice must be delivered within 180 days of when the claim arose or was reasonably discovered, even for minors, before a lawsuit can be filed. This deadline is separate from and in addition to the civil SOL.
Institutional liability: Idaho allows civil claims against third parties such as schools, churches, employers, and organizations that were negligent in failing to prevent or stop abuse. Courts generally require a showing of negligence or gross negligence depending on the nature of the institutional relationship.
Tolling: The civil SOL may be tolled (paused) while a related criminal prosecution is pending. If the abuser is incarcerated or unavailable, tolling may also apply. Survivors awaiting the outcome of a criminal case should not wait to consult a civil attorney.
Top 5 Sexual Assault Attorneys in Idaho
1. Chasan & Walton LLC
Phone: (208) 345-3760
Website: https://chasanwalton.com
Address: 424 E. Parkcenter Blvd, Boise, ID 83706
Attorneys: Andrew M. Chasan, Timothy Walton
Chasan & Walton is Boise’s most established firm for adult survivors of childhood sexual abuse and one of the most experienced sexual abuse plaintiff practices in Idaho. Founded in 1981, Andrew Chasan and Timothy Walton have represented survivors in landmark cases including lawsuits against the Society of Jesus Oregon Province, the LDS Church, and the Boy Scouts of America involving abuse in Idaho Scout troops. They helped establish new Idaho law enlarging the civil statute of limitations for childhood sexual abuse and the law defining punitive damages for reckless misconduct. Andrew Chasan argued key sexual abuse cases before the Idaho Supreme Court, creating a fraud-based pathway for survivors whose regular statute of limitations may be expired but who can show institutional concealment of known abuse. Both attorneys are Super Lawyers selectees. Andrew Chasan has been recognized by Super Lawyers continuously from 2008 to 2023. Contingency fee basis.
2. Dumas & Vaughn, LLC
Phone: 503-616-5007, ext. 1002
Website: https://dumasandvaughn.com
Address: 1000 SW Broadway, Ste. 2150, Portland, Oregon 97212 (serves Idaho)
Attorneys: Gilion Dumas, Ashley Vaughn
Dumas & Vaughn is a Portland-based sexual abuse litigation firm that actively represents Idaho survivors and frequently co-counsels with Chasan & Walton on Idaho cases. The firm represented 28 men sexually abused as children by Boy Scout leaders in Idaho in claims against the Boy Scouts of America and the LDS Church. Gilion Dumas was co-counsel on the Kerry Lewis case against the Boy Scouts that resulted in a nearly $20 million verdict. The firm handles cases involving child sexual abuse, organizational abuse (Boy Scouts, Catholic Church, Assemblies of God, LDS Church), adult sexual assault, therapist and counselor abuse, and massage therapist sexual assault. They have represented survivors in Oregon, Idaho, California, Montana, Washington, Iowa, and Texas. Confidential intake with their intake specialist. Contingency fee basis.
3. Perez & Perez Law PLLC
Phone: (425) 748-5005
Website: https://www.perezandperezlaw.com
Address: Serves Washington and Idaho (offices in Washington state)
Attorneys: Sarah Perez, Robert Perez, Marlene Otero, Mackenzie Brewer, Christian Munoz
Perez & Perez Law is a Washington/Idaho firm with decades of experience litigating sexual assault victim cases in both states. The firm handles sexual assault civil claims against perpetrators, as well as against employers, institutions, and organizations whose negligence contributed to the assault. They represent clients throughout the state of Idaho and understand the complex factual scenarios that make sexual assault civil claims successful even when the criminal may have no assets. Services include obtaining civil no contact orders, representing the survivor throughout the criminal case, and filing civil lawsuits for damages. Free one-hour consultation. Contingency fee basis. Bilingual: habla español.
4. Attorneys of Idaho
Phone: (208) 314-8888
Website: https://www.attorneysofidaho.com
Address: Boise, Idaho
Attorneys: Ryan Black, J.W. Bond, and team
Attorneys of Idaho is a Boise personal injury and criminal defense firm that handles sexual abuse and assault civil claims for survivors. The firm advises survivors on the civil lawsuit process including the duty of care framework required to establish institutional liability, evidence gathering (medical records, mental health assessments, communications), and third-party claims against organizations whose negligence enabled the abuse. Cases against employers, religious institutions, supervisors, and organizations are handled alongside direct claims against perpetrators. Free complimentary consultation at (208) 314-8888. Contingency fee basis.
5. Monteleone Law Offices, P.L.L.C.
Phone: (208) 331-2100
Website: https://treasurevalleylawyers.com
Address: 350 N. 9th Street, Suite 500, Boise, ID 83702
Attorneys: Jason R.N. Monteleone, Jake Bottari
Monteleone Law Offices is a Boise plaintiff’s firm with more than 25 years of practice in personal injury and employment law, serving the Treasure Valley, all of Idaho, and the Pacific Northwest. Jason Monteleone is a Mountain States Super Lawyer in plaintiff personal injury law, an AV-rated attorney with Martindale-Hubbell, and a former president of the Idaho Trial Lawyers Association. The firm is listed by Super Lawyers in the sexual abuse plaintiff category. Practice covers personal injury, premises liability, product liability, medical malpractice, and wrongful death. Jason is admitted to all Idaho state and federal courts and the Ninth Circuit Court of Appeals. No fees unless they win. Free consultations.
Frequently Asked Questions
I was abused as a child but I’m now older than 23. Do I have any options?
Possibly. Idaho’s 5-year discovery rule may extend your deadline if you were not aware, until recently, of the connection between your childhood abuse and the psychological injury or condition you suffer. The clock on the discovery rule begins when you actually make that connection, not when the abuse occurred. If the institution that employed your abuser fraudulently concealed the abuse, courts have allowed fraud-based claims even after the regular SOL has expired, following the approach Andrew Chasan and Dumas & Vaughn pioneered in Idaho. Consult an attorney immediately to evaluate whether either exception applies to your case.
I am an adult survivor and the 2-year deadline has passed. Is there any recourse?
Idaho has not enacted an adult revival window. The 2-year deadline for adult survivors is strictly enforced. If you believe your claim is time-barred, an attorney can still evaluate whether the pending-criminal-case tolling rule, the fraudulent concealment doctrine, or any other equitable exception might extend your deadline. Do not assume your claim is foreclosed without speaking to an attorney.
Can I sue the school, church, or organization where the abuse occurred?
Yes. Idaho law allows civil claims against third-party institutions that were negligent in failing to prevent or stop the abuse. You must show the institution owed you a duty of care and failed to meet the applicable standard. For government defendants such as public schools, you must also deliver a written tort claim notice within 180 days of when the claim arose before filing suit.
Does a criminal conviction help my civil case?
A criminal conviction makes it easier to prove the abuse occurred in a civil proceeding, since the burden of proof in a civil case (preponderance of the evidence) is lower than in a criminal case (beyond a reasonable doubt). You can file a civil lawsuit even if the abuser was never charged or convicted, and even if you never reported the abuse to police.
Closing
Idaho’s civil SOL laws make timely action essential. Survivors of childhood sexual abuse who are nearing their 23rd birthday, and adult survivors approaching the 2-year mark, should contact an attorney immediately. All firms listed above offer free, confidential consultations and handle cases on a contingency fee basis.
For immediate crisis support, contact the RAINN National Sexual Assault Hotline at 1-800-656-4673, available 24 hours a day, 7 days a week. The Idaho Coalition Against Sexual and Domestic Violence can be reached at 1-800-232-6505. Idaho’s VINE program helps crime victims track offender status at vinelink.com.