Man acquitted of rape charges

SANDPOINT — A Bonner County jury acquitted a 21-year-old man charged with rape on Thursday in 1st District Court.

Nicholas Levi Kuhn closed his eyes and drew in a relieved breath when the verdict was announced.

A jury of eight women and four men deliberated for a little over an hour before finding Kuhn not guilty of the offense. The verdict capped a three-day trial in which Kuhn and the alleged victim both took the stand to testify.

Kuhn was accused of taking advantage of the woman at a South Boyer Avenue home, following a post-concert gathering on Aug. 11, 2018. The state alleged that she was unable to resist either because she was intoxicated or because she was unconscious or asleep.

The alleged victim testified that she awoke to Kuhn performing oral sex on her before the rape occurred. Kuhn testified that she motioned for him to join her in the bed and the intercourse was consensual.

Bonner County Deputy Prosecutor Nick Lapire told jurors at the outset of the trial that the case was about taking advantage.

“That’s still what this case is about,” Lapire said to jurors during his closing remarks. “He saw an opportunity to have sex with her and he took it. He raped her.”

Lapire pointed to eyewitness testimony which described the alleged victim as inebriated and passed out in various parts of the home during the course of the gathering. Lapire noted that the alleged victim immediately left the room when she realized what was happening, behavior which is incompatible with a consensual sexual encounter.

Kuhn also initially denied knowing the woman or having sex with her during an initial Sandpoint Police interview, according to a video recording of his questioning. Kuhn conceded in a later interview that the alleged victim may have been too intoxicated to engage in sex, although Kuhn testified that he was pressured to make the admission.

Public Defender Susie Jensen moved to dismiss the case prior to jury deliberations on grounds the state had failed to sustain its burden. Judge Barbara Buchanan denied the motion, finding that jurors would have to decide if the evidence was sufficient.

“The evidence simply is not there,” Jensen told jurors during her closing remarks.

The alleged victim’s breath-alcohol level was not tested because she was a crime victim rather than a suspect. However, Jensen argued such a measurement is relevant given intoxication is one of the charging elements in the case.

The defense also accused investigators railroading her client during interview.

“What you have here is a case of regret, not rape,” said Jensen.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.