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Spokane, Washington  Est. May 19, 1883

Without Condom, Consent Withdrawn Woman Alleges Man Wouldn’t Listen When She Refused Sex

Associated Press

A Pocatello man has been charged with rape after a woman said she withdrew her consent when he removed his condom.

John Gibbs, 24, was charged with one count of rape in connection with a March 13 incident. He is accused of forcing a 31-year-old woman to have sex.

Gibbs told police the intercourse was consensual.

Bannock County Deputy Prosecutor Deb Lantermo said Gibbs was served the felony warrant at the Bannock County Jail where he is being held on a probation violation charge.

The alleged rape happened at the woman’s apartment in Chubbuck, Lantermo said. The woman met Gibbs at a party held earlier in the apartment of a friend in the same building, Lantermo said.

“It was a first-time meeting, but not a date. Rather than let him drive and risk getting a DUI, she offered to let him stay in her apartment. She was going to sleep at her friend’s apartment, but she did end up staying in her apartment,” the prosecutor said.

Although the woman did have consensual sex Gibbs once that night, Lantermo said the consent ended when the woman refused because she feared she might get AIDS or another sexually contracted disease.”We will be asking for such a test in this case,” she said.

Lantermo said if the case goes to trial, it could pose interesting questions for a jury and ultimately force lawmakers to redefine the Idaho rape statute.

The statute as it relates to what constitutes resistance contains some loopholes, Lantermo said.