The Sexual Violence Prevention Association (SVPA) strongly supports Idaho’s House Bill 696, which will prevent state sexual violence by strengthening protections for incarcerated people and increasing accountability for prison staff. This bill closes dangerous gaps in the law that have allowed abuse to go unpunished for decades.
State sexual violence happens when sexual harm is carried out, allowed, or ignored by people or systems with government power. One form of this is state-tolerated sexual violence, where abuse is illegal but continues because the system fails to stop it or hold perpetrators accountable. This is a serious issue in prisons, where staff have near-total control over incarcerated people.
In Idaho, this problem is well documented. Over the past decade, at least 37 prison staff were accused of sexually abusing incarcerated women. Only three were criminally charged. This is state-tolerated sexual violence.
The impact on victims is severe. Incarcerated people often cannot say no to staff because they fear retaliation, including punishment, isolation, or loss of basic needs. This creates a coercive environment where so-called “consent” is not possible. Survivors face deep emotional trauma, ongoing fear, and a loss of safety in a place where they are completely dependent on the state.
Current Idaho law is part of the problem. The existing “sexual contact with a prisoner” statute is over 30 years old and only covers limited forms of abuse, such as direct contact with genitals. It does not prohibit other forms of sexual misconduct like groping, grabbing, or other unwanted sexual touching. As a result, prosecutors often cannot bring charges, even when harm is clear. This legal gap allows abuse to continue and even encourages it by signaling to perpetrators that they will not face consequences.
House Bill 696 fixes these gaps by expanding the definition of sexual abuse by prison staff. It makes it a felony for staff to engage in any willful sexual contact with an incarcerated person, whether over or under clothing. By recognizing the inherent power imbalance between prisoners and staff and making it easier to prosecute abuse, this bill sends a strong message that sexually harmful behavior is not tolerated. Further, this change brings Idaho law more in line with federal standards under the Prison Rape Elimination Act (PREA), which prohibit all forms of sexual abuse, including inappropriate touching and harassment.
“Sexual abuse in prisons is not just individual misconduct. It is a systemic failure to protect people who are entirely under state control,” said Omny Miranda Martone, Founder and CEO of the SVPA. “House Bill 696 makes it clear that all forms of sexual exploitation by prison staff are unacceptable and punishable. This is essential to protecting incarcerated people and preventing state sexual violence.”
This work builds on the SVPA’s broader efforts to prevent state sexual violence. Recently, we advocated for stronger protections in Colorado by endorsing legislation to increase PREA standards and regulate strip searches. In Montana we opposed a bill that would have expanded harmful strip search practices. We’ve also engaged in advocacy efforts in San Francisco and we are working stop proposed PREA changes that will increase sexual violence against trans and gender-nonconforming people behind bars.
For too long, gaps in Idaho law have allowed prison staff to abuse their power without consequences. House Bill 696 is a necessary and long-overdue fix that will prevent state sexual violence by requiring clarity, accountability, and protection to incarcerated people.
We urge Governor Brad Little to sign House Bill 696 into law and take a clear stand against state-tolerated sexual violence.
The SVPA’s official endorsement letter, which was sent to Governor Brad Little, can be viewed here.
