SHELLEY — A 20-year-old local man was arrested Sunday after police say he raped a 17-year-old girl.
Jacob Edward Harlow, of Shelley, has been charged with one count of felony rape by force or threat, according to police and court records the Idaho State Journal obtained Monday.
The victim contacted Shelley police around 3 a.m. Sunday, reporting that she had just been raped at a Shelley residence within the past few hours, according to the investigating detective’s probable cause statement supporting the criminal charge against Harlow.
The probable cause statement says the victim told police she was hanging out with Harlow, who started to kiss and touch her, which she was okay with, but she made it clear to him that she was not at all interested in or okay with actual sexual intercourse.
The victim told the detective that she and Harlow went into his basement bedroom at the residence, where he continued to be pushy and physical with her, police said.
While in the bedroom, Harlow had sexual intercourse with the girl using a condom, according to the probable cause statement.
Two other people who were at the residence at the time of the alleged assault told police they did not witness the incident but reported observing a condom in a trash can in Harlow’s bedroom, according to court records.
One of them told a detective she had been woken up and told something had happened between Harlow and the girl. The other, who said he had been elsewhere in the residence with his own girlfriend, another 17-year-old, told police he learned of the alleged assault after coming across his girlfriend hugging the victim, police said.
The detective later interviewed the girl at the emergency room of Eastern Idaho Regional Medical Center, where she said Harlow removed her clothing and put on a condom before having sexual intercourse with her, despite her telling him no multiple times, both verbally and by shaking her head, according to court records.
She told the detective she was comfortable with contact over her clothing but not underneath it, and that Harlow acknowledged she had told him no but continued regardless, police said.
The girl’s friend, the 17-year-old who had been downstairs with Harlow’s roommate, told police she had spoken with the victim earlier that night, during which the victim told her she did not want to have sex with Harlow, according to the probable cause statement.
Harlow appeared before 7th District Magistrate Judge Cleve B. Colson for an arraignment hearing Monday, where his bond was set at $100,000.
He is scheduled to appear in court again July 23 for a preliminary hearing. Prosecutors will attempt to present sufficient evidence to elevate the case from magistrate to district court for trial.
If convicted of felony rape, Harlow faces up to life in prison and a fine of up to $50,000.
Bingham County Prosecutor Ryan Jolley also included language in the criminal complaint that alternatively charges Harlow with what is, in essence, one count of statutory rape.
In Idaho, it is unlawful for a person three or more years older than a 16- or 17-year-old to have sexual intercourse with that minor, regardless of whether force was used or consent was given, as long as both the intercourse and the ages of those involved can be established.
Harlow only faces one felony count of rape, and the alternative charging language carries the same maximum penalty associated with rape by force or threat — up to life in prison and a $50,000 fine — but is generally easier for prosecutors to prove, since it does not require establishing that the encounter was non-consensual.
Instead, prosecutors need only show that sexual intercourse occurred and that Harlow, 20, was at least three years older than the girl, whom court records list as 17 at the time.



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