Ex-lawmaker convicted of rape appeals to Idaho Supreme Court

BOISE – The Idaho Supreme Court heard arguments Monday in an appeal by Aaron von Ehlinger, a former lawmaker convicted of raping a then-19-year-old legislative intern.

In 2022, an Ada County judge sentenced Von Ehlinger to 20 years in prison, with eight years fixed and 12 years indefinite for the 2021 rape. Von Ehlinger represented Lewiston during his time in the Legislature.

The woman reported the attack after it occurred, leading to a House ethics investigation and ultimately Von Ehlinger’s resignation from the House of Representatives.

Von Ehlinger, 42, is in jail and is asking that his conviction and sentence be vacated based on evidence presented at the first trial.

During his first trial, the victim in the case began her testimony, but left abruptly after less than ten minutes, saying, “I can’t do this,” and never returned to the trial. At the time, Von Ehlinger’s attorney did not ask for a mistrial. The prosecution relied heavily on the testimony of the forensic nurse who assisted the victim at what was then known as the Faces of Hope Victim Center. The nurse told jurors what she learned from the victim during her sexual abuse investigation.

Erik Lehtinen of the State Appellate Public Defender’s Office represented Von Ehlinger on Monday. He argued that his trial attorney should have raised objections at several points during the nurse’s testimony, but he did not. Because the victim was referred to Faces of Hope by police, Lehtinen wondered whether the nurse’s role was as a medical provider or as an evidence gatherer.

At the time, Faces of Hope was the advocacy program that housed law enforcement and medical providers, with the goal of better helping victims in one location. But advocates have argued that these types of programs better support prosecution and law enforcement.

Judge Cynthia Meyer asked Lehtinen whether the victim’s mental and emotional health is part of the nurse’s care in addition to her physical health, and whether asking questions about the attack could be part of that.