An alleged rape reported to have occurred at the Carey Hot Springs late Saturday night was forced—and stemmed from the alleged victim’s concern over the defendant’s intoxication and drowning risk—according to the probable-cause affidavit for the defendant’s arrest.
The affidavit, written by Blaine County Sheriff’s Detective Steve Hansen and filed in court Tuesday, outlines the allegations against Marco Antonio Martinez-Reyes, 19, of Hailey, who on Tuesday made an initial court appearance for one count of felony rape.
Martinez-Reyes posted a $15,000 bail bond and was released from Blaine County jail on Wednesday. He had been arrested late Sunday night. A preliminary hearing, at which prosecutors must show they have evidence that the alleged crime is a felony, is scheduled for 3:30 p.m. on Jan. 30. According to Idaho code, the penalty for rape is a minimum of one year in state prison and a maximum of life imprisonment.
A news release on Tuesday morning from the Blaine County Sheriff’s Office stated that Martinez-Reyes had been arrested for the alleged rape of a 16-year-old female, but the release did not specify whether the charge stemmed from an alleged forced rape or from the alleged victim’s youth.
On Thursday, online court records indicated that the charge against Martinez-Reyes, originally filed only as felony rape under Idaho Code 18-6101, was amended to specify Subsection 4—rape in which a victim resists but resistance is overcome by force or violence.