State v. Madrid

GIVENS and TAYLOR, Justices (dissenting) .

It seems perfectly apparent that the Legislature in passing Section 18-6607, *210I.C., intended to enlarge and amplify the field of misconduct against both boys and girls under the age of sixteen, thus to potentially protect them against the acts of sex deviates and perverts.

While, as pointed out in State v. Wall, 73 Idaho 142, 248 P.2d 222, acts comprehended within Section 18-6607, I.C. might also support prosecution for statutory rape, sodomy or incest, many acts might be punishable under Section 18-6607, I.C. which would not come within any other statute. Section 18-6607, I.C. is, therefore, sui generis and it is more in keeping with this intention of the Legislature not to en-graft upon it by judicial interpretation. By reason of the enlarged scope of this statute, it would seem contrary to the intention of the Legislature to necessarily apply to it rules of evidence heretofore declared by this Court as applicable in prosecutions for rape. It is more consonant with and in furtherance of this legislative intent to apply, as to corroboration of the victim who is not an accomplice, the common law rule which in the absence of a statute, was that the testimony of the victim, if not contradictory or incredible or inherently improbable, and not inconsistent with the admitted or uncontradicted facts of the case, and if the victim’s reputation for truth and veracity is not impeached, is sufficient to sustain a conviction and need not be corroborated. 75 C.J.S., Rape, § 78, p. 560.

The victim’s testimony herein does not fall within any of the above exceptions and she was not impeached. The judgment, therefore, should be affirmed.

However, if the case is to be reversed, we concur that a new trial should be conditionally ordered.

We concur with Justice KEE-TON’S observations as to lack of chastity not being a basis for impeachment.