State v. LaMere

• Decision Date: 24 November 1982
• Docket Number: No. 13305,13305
• Citation: 655 P.2d 46,103 Idaho 839
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Ernest Gene LaMERE, Defendant-Appellant.
• Court: Idaho Supreme Court

Page 46

655 P.2d 46

103 Idaho 839

STATE of Idaho, Plaintiff-Respondent, v. Ernest Gene LaMERE, Defendant-Appellant.

No. 13305.

Supreme Court of Idaho.

Nov. 24, 1982.

Barry E. Watson, Wallace, for defendant-appellant

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Leslie L. Goddard, Deputy Atty. Gen., Boise, for plaintiff-respondent.

DONALDSON, Justice.

The complaining witness, (hereinafter Carol), a fourteen-year-old junior high Shortly after arriving home, Carol climbed out her bedroom window and returned to the apartment. Her reasons for returning and what happened at the apartment are in dispute, but in any event Carol and Mr. LaMere left in Rowena St. Mark's car to go to a nearby Circle K. Instead of going to the Circle K, the two went to a trailer in Smelterville and joined a group of people. After leaving the trailer, Carol testified that Mr. LaMere parked the car and proceeded against her will to have intercourse. He then drove her home and returned to Rowena St. Mark's apartment.

school student, testified that she was babysitting for Rowena St. Mark when Rowena and the appellant, Mr. LaMere, returned early on the morning of October 23, 1978. Mr. LaMere walked Carol the short distance to her home and paid her for babysitting. He then returned to Rowena St. Mark's apartment.

Upon arriving home Carol told her mother that she had been raped. The police were called and after talking with Carol and her parents a police officer went to Rowena St. Mark's apartment and took Mr. LaMere into custody. The appellant was charged with rape under I.C. § 18-6101.

The trial was held on March 5, 1979, and on March 7, 1979, the jury returned a verdict of guilty for the crime of statutory rape under I.C. § 18-6101(1). ¹ On March 16, 1979, a motion for judgment of acquittal as well as a motion for a new trial were filed on behalf of the defendant. These motions were denied by the court.

After several continuances the defendant was sentenced to an indeterminate period of time not to exceed eight years in the custody of the Idaho State Board of Corrections. The appellant appeals both the conviction and the length of the sentence.

The appellant first alleges that the granting of the State's motion for leave to file an amended information on the eve of the trial violated the appellant's right of due process under the United States Constitution as well as his right under I.C. § 19-1420. ² The appellant states that the facts in the information alleged the crime was to come within the purview of I.C. § 18-6101(3) and (4) of the statute, which cover forcible rape, and absolutely no allegations of age were made that could bring the conduct under subsection (1) which prohibits intercourse with a female under eighteen years of age. He argues that prejudicial error occurred because the request to amend the information to include facts alleging what is commonly referred to as statutory rape under subsection (1) came only one working day before the commencement of the trial.

At this stage of the proceeding Rule 7(d) of the Idaho Rules of Criminal Practice and Procedure ³ and I.C. § 19-1420 make the In a similar case, People v. Collins, 54 Cal.2d 57, 4 Cal.Rptr. 158, 351 P.2d 326 (1960), the defendants contended that they could not properly be convicted of statutory rape under an information charging them with forcible rape. Even though the information was never amended in Collins the court still held that there was "no indication whatever that defendants were prejudiced" because at the preliminary hearing it was proved the prosecuting witness was fifteen years of age. Id. 4 Cal.Rptr. at 160, 351 P.2d at 328. Also, it was not alleged that the defendants "would or could have disputed the age of the prosecuting witness." Id. 4 Cal.Rptr. at 160, 351 P.2d at 328.

matter of amending an information discretionary with the judge. In exercising his discretion, the judge must be sure that no substantial rights of the defendant are prejudiced. In absence of a showing of prejudice arising from the amendment, the defendant's argument is without merit. State v. Owens, 101 Idaho 632, 619 P.2d 787 (1980).

In State v. Gumm, 99 Idaho 549, 585 P.2d 959 (1978), this Court stated that the defendant could not show prejudice arising from an amendment because he could not "legitimately contend that he was surprised to his substantial prejudice by the absence in the information of specific descriptions of the property which he had allegedly stolen. Defendant undoubtedly knew what articles the information referred to." Id. at 552, 585 P.2d at 962.

In this case, even though the amended information was not filed until shortly before trial, the defendant had been aware for some time that the victim was under eighteen years of age. At the preliminary hearing the victim was asked her age and she stated she was fourteen years old. The record also indicates that there were preliminary negotiations between the defense attorney and the prosecutor regarding a possible plea to statutory rape. Furthermore, the defendant did not make a claim that he could have disputed her age. Also, when requesting this amendment the prosecutor offered to continue the case in order for the defense to further prepare, but this offer was declined. Because the defendant had been aware of the victim's age before the filing of the amendment and did not make a claim that he could have disputed her age, we find the defendant's rights were not prejudiced from the amendment, and therefore, there was no abuse of discretion. ⁴

The appellant next argues that I.C. § 18-6101 violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and Article 1, § 2 of the Idaho State Constitution. The appellant states that the statute violates equal protection since only males can be convicted of this crime.

When a challenge to a gender-based classification is raised this Court will follow the test set out by the U.S. Supreme Court and require that "classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives." Craig v. Boren, 429 U.S. 190, 197, 97 S.Ct. 451, 457, 50 L.Ed.2d 397, 407 (1976). This analysis requires that the State first set out its objectives for the statute and then show it has a strong interest in furthering those objectives. Finally, the State must prove In the recent case of Michael M. v. Superior Court of Sonoma County, 450 U.S. 464, 101 S.Ct. 1200, 67 L.Ed.2d 437 (1981), the United States Supreme Court upheld a California statutory rape statute. A plurality of the Court was satisfied with the California Supreme Court's finding that the prevention of illegitimate teenage pregnancies was at least one of the purposes behind the California statutory rape law. Because of the large number of teenage abortions, the increased medical risk associated with teenage pregnancy and the social consequences of teenage child bearing, the Court further found that the State had a strong interest in preventing such pregnancies.

that the classification bears a substantial relationship to the achievement of those objectives.

The State in this case is also arguing that the prevention of teenage pregnancies is one of the main objectives behind I.C. § 18-6101, which is almost identical to the California statutory rape law. The State points out that statistics obtained from the Idaho Department of Health and Welfare and the Planned Parenthood Association of Idaho, Inc. show that in 1980 Idaho women gave birth to 20,140 children. Of those children, approximately 13% were born to mothers who were 19 years of age or less. Abortion statistics indicate that in both 1979 and 1980 approximately 30% of the legal abortions performed in Idaho were performed on girls who were between the ages of 10 and 19 years.

The State has shown a significant number of teenagers in this State do become pregnant each year and this Court recognizes the many problems associated with illegitimate teenage pregnancy. Therefore, we agree that the prevention of illegitimate teenage pregnancies is one of the objectives behind the statute and that the state has a strong interest in furthering this important governmental objective.

The appellant argues that the real purpose behind the law as it was passed in 1864 was not to prevent unwanted pregnancies, but rather, it was passed due to "out-moded" thinking of men about the chastity of women and their status as chattel. We agree with the Court in Michael M., supra, that "this court will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive." Michael M., 101 S.Ct. at 1206 n. 7 (quoting United States v. O'Brien, 391 U.S. 367, 383, 88 S.Ct. 1673, 1682, 20 L.Ed.2d 672 (1968)).

The appellant next alleges that I.C. § 18-6103 ⁵ indicates the legislature was not concerned with the possibility of teenage pregnancy, and therefore, it was not one of the purposes behind the law. However, we find that I.C. § 18-6103 is not a statement of legislative intent, but rather, find that it refers to the quantum of evidence necessary to establish that an act of sexual intercourse has occurred.

After recognizing a legitimate purpose behind the statute and that the State has an interest in preventing unwanted pregnancy, it is then necessary to determine if the classification is substantially related to the achievement of that important governmental objective. The State is attempting to protect women from sexual intercourse at an age when the physical, emotional and psychological consequences of sexual activity are particularly severe. Because males alone can "physiologically cause the result which the law properly seeks to avoid," Michael M., 101 S.Ct. at 1203, a law punishing a male for sexual intercourse with a teenager under the age of eighteen could certainly help deter this conduct. Therefore based on the above...