A 33-year-old Hailey man has been charged with felony rape for allegedly forcing sexual intercourse upon his estranged wife last summer.
The Idaho rape statute used against Enrique Alejandro Murguia-Diaz states that the “victim resists but resistance is overcome by force or violence.”
Murguia-Diaz was arraigned on the charge Monday in Blaine County 5th District Court. He pleaded not guilty.
He also pleaded not guilty to two misdemeanor counts alleging violation of a no-contact order regarding the woman.
Judge Robert J. Elgee scheduled a jury trial in the case to begin on July 22. Murguia-Diaz is represented by the Roark Law Firm under the firm’s public defender contract with Blaine County.
Arrested on Jan. 28, Murguia-Diaz has remained incarcerated since in the Blaine County jail on $10,000 bond.
A probable-cause affidavit filed in the case by Hailey Patrolman Manuel Ornelas alleges that the sexual attack against the woman occurred on Aug. 22, 2013, which was shortly after Murguia-Diaz was released from the Blaine County jail on an earlier conviction of misdemeanor domestic battery against his wife. In that case, he was sentenced to 25 days in jail. Also, according to court records, a no-contact order was issued that ordered Murguia-Diaz not to contact his wife or be within 300 feet of her.
Ornelas wrote in the affidavit that Murguia-Diaz continued to contact his wife through a third party while he was in jail and that on Aug. 22, 2013, he obtained a key and let himself into the woman’s Balmoral apartment in Hailey when she and the couple’s children were not home.
Ornelas wrote that Murguia-Diaz forced sexual intercourse upon the woman when she returned home, even though, according to the woman’s statement, she told him no and attempted to resist.
Ornelas further wrote that the woman did not report the incident until Jan. 27 because she had “been living in fear,” but that she finally decided to report the alleged crime at the urging of her family.
Terry Smith: email@example.com