EDITORIAL: This story should really bother you

Imagine it’s your daughter who is celebrating during the Thanksgiving holiday weekend in a downtown Coeur d’Alene drinking establishment.

Early on that Saturday night, she is the victim of a sexual assault. That’s not just her assertion. It’s backed up by a number of witnesses who detain the suspect until Coeur d’Alene Police arrive.

Cd’A Police interview your daughter and several witnesses. They determine that sexual battery has occurred, and they take the suspect into custody pending further investigation.

And then, here’s what happens.

Your daughter isn’t sure how to proceed. She declines to complete a citizen’s arrest, the significance of which will be explained in a moment.

None of the witnesses is willing to file charges or complete a citizen’s arrest for disorderly conduct.

Result: Police have no option but to release the suspect.

Whether this woman is your daughter or someone else’s is not really relevant. There are two enormously disturbing aspects to this actual report from the Coeur d’Alene Police Department.

First is that sexual battery in Idaho is only a misdemeanor.

Second is that in a ruling upheld by the Idaho Supreme Court, law enforcement officers cannot make warrantless arrests for misdemeanor crimes that did not occur in their presence. What this means in many cases is that if the officer isn’t there to witness the crime, it didn’t happen. 

With Idaho legislators preparing for the 2025 session, which begins Jan. 6, here’s a thought:

Do the hard work that your constituents, who are all someone’s daughters and sons, need and deserve for their protection and for the enactment of real justice.