Defense attorney's opening statement in von Ehlinger rape case

A jury has been seated as the sexual assault trial of a former Idaho state representative begins Tuesday.

Aaron von Ehlinger, 39, is charged with felony counts of rape and forcible penetration with a foreign object. He is accused of raping a Statehouse intern at his apartment during the 2021 legislative session.

Von Ehlinger, a Republican from Juliaetta, resigned as a lawmaker in April 2021 after an ethics panel found that he had committed "conduct unbecoming" in his sexual pursuit of the intern and several other women who work at the Capitol. He was arrested in September.

The 19-year-old told police that von Ehlinger had assaulted her after the pair went out to dinner together in March 2021. The woman, identified as Jane Doe in court documents, said the then-lawmaker was driving her back to her vehicle when he told her he had to first stop at his Boise apartment to pick something up.

Once she was inside his apartment, however, the intern reported that von Ehlinger picked her up, carried her into his bedroom, removed her clothing ,and forced her to perform oral sex, despite her repeatedly telling him "no" and saying that she did not want to have sex.

Von Ehlinger has said his encounter with the 19-year-old was consensual. He pleaded not guilty to the charges in November.

Several people - including current Idaho House member and candidate for lieutenant governor Rep. Priscilla Giddings - widely shared the intern's name, photo, and personal information after she went to police. Giddings was sanctioned for publicly posting the information, as well as lying about it under oath, in a separate legislative ethics hearing.

During jury selection, the prosecution asked potential jurors whether they hold beliefs on how a victim should act following an assault, or how much physical resistance a victim ought to put up. Prosecutor Katelyn Farley also asked whether any personally know any survivors of sexual assault, drawing responses from multiple people who talked about the sexual abuse of their mothers, sisters, friends or patients. Many of those polled said their loved one did not report what had happened to police.

Von Ehlinger's defense attorney, Jon Cox, asked whether the fact that the defendant was a politician or a Republican would bias potential jurors against him, and queried the group about their thoughts on the "Me Too" movement.

The trial is expected to last four days. If convicted, von Ehlinger could face up to life in prison and mandatory registration as a sex offender.