Former Rep. Aaron von Ehlinger, accused of rape, takes the stand; jury deliberates
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Aaron von Ehlinger rape case
Former Idaho state Rep. Aaron von Ehlinger, R-Lewiston, was found guilty of raping a 19-year-old legislative intern by a 12-person jury in April. He is expected to be sentenced Wednesday, Aug. 31.
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Editor’s note: This story contains graphic descriptions of an alleged sexual assault.
Dressed in a navy blue suit and bright blue tie, former North Idaho lawmaker Aaron von Ehlinger — who is accused of raping a 19-year-old legislative intern in March 2021 — leaned back in the witness stand, seemingly comfortable as his attorney lobbed question after question at him.
The trial against von Ehlinger, who faces two felony charges, of rape and forcible penetration by use of a foreign object, continued for the third day on Thursday. The 39-year-old again denied the allegations against him Thursday, and maintained that he had consensual sex with the accuser, identified only by the initials J.V. in court.
“She never once gave me any indication that she was not wanting to participate,” von Ehlinger said Thursday.
Though J.V.’s testimony was cut short Wednesday, when she abruptly left in the middle of testifying, multiple witnesses called by the state throughout the trial said J.V. told them they did not have consensual sex and that von Ehlinger sexually assaulted the now 20-year-old woman.
“He tried to put his between my legs, and I closed my knees,” J.V. said in her testimony, shortly before she left the witness stand.
Since von Ehlinger’s attorney Jon Cox wasn’t given the ability to cross-examine J.V., the 13-person jury was instructed by 4th District Court Judge Michael Reardon to strike the testimony. The jury is prohibited from using J.V.’s testimony to reach a verdict.
Von Ehlinger, now a Juliaetta resident, resigned from the Idaho House in April 2021 just hours after a legislative ethics committee unanimously recommended to expel him from his seat.
Before the jury was called in Thursday morning, Cox made a motion to acquit the case, which would mean to drop all charges against von Ehlinger. Reardon denied the motion.
Reardon said “there is sufficient evidence of force,” as the jury heard testimony from a nurse that J.V. was pulled onto the couch, forced to sit next to von Ehlinger, and that J.V. took measures to keep her distance from him. The jury also heard the nurse say J.V. told her von Ehlinger pinned down J.V.’s arms.
The jury went into deliberation Thursday afternoon and will continue into Friday. Under Idaho law, von Ehlinger could face up to life in prison if convicted.
Von Ehlinger denies rape allegation
Throughout von Ehlinger’s nearly two-hour testimony, he recounted a different version of events on the night of March 9, 2021, when the alleged rape occurred.
Von Ehlinger said J.V. took his hand and placed it on her thigh during the car ride back from Barbacoa Grill, where they had dinner. When asked by Cox if von Ehlinger got any indication from J.V. that she did not want to go into his apartment, he replied, “No, quite the contrary.”
J.V., in testimony Wednesday and in a previous interview with lawmakers, had said that she went into his apartment after von Ehlinger offered her Oreos.
Von Ehlinger said Thursday that once they were upstairs, he invited her onto the couch and they began “passionately” kissing. J.V. said she was sitting on a fur chair eating cookies when von Ehlinger picked her up and took her into his room.
During cross-examination from Ada County Deputy Prosecutor Katelyn Margueritte Farley questioned von Ehlinger about the inconsistencies. Von Ehlinger vehemently denied picking J.V. up, and said he had a bad back due to a helicopter crash that occurred while he was serving in the military.
Both Von Ehlinger and J.V. said von Ehlinger undressed down to his underwear and white undershirt once they were in his bedroom. Once he was undressed, J.V. said he climbed on top of her and placed his fingers between her legs. She said she closed her legs at the time.
Von Ehlinger said he sat down next to J.V. and they continued to make out for roughly 10 minutes. He said he and J.V. were feeling each other up, and that she performed oral sex on him “willingly” for 15 seconds.
Farley asked von Ehlinger why the oral sex stopped. Von Ehlinger said that J.V. “made the decision to stop, and I didn’t prevent her from doing that.” In the interview with lawmakers, J.V. said von Ehlinger was on top of her with his knees on her shoulder and his groin in her face.
Wardle said J.V. told her that J.V. hit her head when she pulled her head back from his groin. Wardle said she felt the lump on the back of J.V.’s head.
Von Ehlinger said he never inserted his finger inside J.V.’s vagina.
Texts not entered as evidence
Text messages between von Ehlinger and J.V. were referenced throughout the jury trial but were never entered as evidence — which means the jury can’t use them to make a decision. The Idaho Statesman last year obtained a copy of the text messages between them from February 2021 to March 2021.
The messages began on Feb. 7, when J.V. texted von Ehlinger to confirm his number after he’d given her his business card. J.V. and von Ehlinger have a few separate conversations throughout the month — including a text confirming details of the dinner on March 9, 2021.
On March 11, 2021 — two days after the alleged rape — J.V. texted von Ehlinger. He asked how her day was.
“I don’t know I haven’t slept in a couple days,” J.V. responded. When von Ehlinger asked her why, J.V. added, “I feel like you kind of used me.”
“I assure you I didn’t,” von Ehlinger responded. “I like you and had a nice time. I’d like to go out again if you’re interested? Can I call you?”
J.V.’s final message said, “But I had literally said no to you.”
Jury must decide on two felony counts
Prior to heading into deliberation, the 13-person jury lost one randomly selected juror. The jury pool was told Tuesday before they were picked that one of them would be selected as an alternate.
The jury pool is now evenly six men and six women. Throughout the selection process, prospective jurors shared stories of how they knew survivors of sexual assault, which led to at least six of them being excused. One woman, identified as Juror No. 45, said she has five daughters, which would make her “lean against” von Ehlinger. She was also excused.
For the jury to find von Ehlinger guilty of rape, they will have to prove that he inserted his penis “however slightly” into J.V.’s mouth, Reardon told the jury Thursday.
They will also have to prove one of the following: that J.V. resisted, but the resistance was overcome by force or violence; or that J.V. was prevented from resisting due to an objectively reasonable belief that it would be futile or result in force or violence.
To find von Ehlinger guilty of penetration by use of a foreign object, the jury must decide whether the state proved von Ehlinger inserted his finger into J.V.’s vagina and used force or violence to do so.
‘No right way to respond,’ sexual assault expert says
Boise State University Associate Professor Laura King was called by the prosecution Wednesday to testify as an expert witness on the effects of sexual violence. King focuses specifically on sexual violence and victimization within her research.
“There’s really a variety of ways that people respond to sexual assault and really any trauma,” King testified Wednesday. “There’s no right way to respond.”
During Anne Wardle, the nurse who performed the sexual assault kit on J.V., testimony Tuesday about what J.V. told her regarding the alleged rape. One detail J.V. focused on was the color of von Ehlinger’s curtains.
King confirmed that a survivor focusing on a random thing — like curtain colors — is a normal reaction to being sexually assaulted.
Aside from King and J.V.’s mother, the jury heard from a handful of other witnesses including two Boise police detectives — Brandon Joseph and Monte Iverson — who spoke to J.V. after the alleged rape.
“She was emotional, still kind of in a state of shock,” Joseph said, describing Doe when he met with her.
Von Ehlinger resigns from House seat
Before von Ehlinger’s resignation from the Idaho Legislature, the Ethics and House Policy Committee unanimously ruled that von Ehlinger behaved in “conduct unbecoming” and pushed to expel him.
The committee emphasized throughout the hearing they didn’t determine whether he was guilty of any crimes. Several witnesses in the criminal trial this week had also testified in the legislative ethics hearings on von Ehlinger’s conduct, and the prosecutor ultimately used several details first publicly disclosed in the hearings.
Aside from J.V. during the April 2021 ethics hearing, multiple women said they had either had a sexual encounter with von Ehlinger or felt uncomfortable by his actions toward them.
Rep. Brent Crane, R-Nampa, told the Statesman in a prior interview that the testimony given by the former security guard was “pretty telling.” During the committee hearing, Crane said the testimony showed von Ehlinger had “a predatory pattern.”
House Caucus Chair Megan Blanskma, R-Hammett, last year also said a lobbyist had told her she was uncomfortable and “scared” when von Ehlinger followed her to the bathroom during a reception.
“She was frustrated, and from what I saw, she was scared,” Blanksma said.
After the interaction with the lobbyist, Rep. James Holtzclaw, R-Meridian, at the direction of Blanksma, took von Ehlinger out to lunch and advised him not to flirt with or date anyone in the Capitol. Holtzclaw has also faced sexual harassment allegations.
Von Ehlinger confirmed the conversation during his testimony Thursday.
“We had a conversation, and basically he was telling me to be careful with some of these people that work in the statehouse,” he said.
This story was originally published April 28, 2022 at 3:15 PM.
