BOISE — The Idaho Supreme Court heard arguments Monday in an appeal by Aaron von Ehlinger, a former lawmaker convicted of raping a 19-year-old legislative intern.

In 2022, an Ada County judge sentenced von Ehlinger to 20 years in prison, with eight years fixed and 12 years indeterminate for the rape in 2021. Von Ehlinger represented Lewiston during his time in the Legislature.

The woman reported the assault after it occurred, leading to a House ethics investigation and ultimately von Ehlinger’s resignation from the House of Representatives.

Von Ehlinger, 42, is in prison and is asking that his conviction and sentence be vacated based on evidence presented during the original trial.

During his original trial, the victim in the case began his testimony but abruptly left after less than 10 minutes, saying “I can’t do this,” and never returned to the trial. At the time, von Ehlinger’s attorney did not seek a mistrial. The prosecution relied heavily on the testimony of the medical examiner who assisted the victim at what was then known as the Faces of Hope Victim Center. The nurse told jurors what she learned from the victim during her sexual assault examination.

Erik Lehtinen of the State Appellate Public Defender’s Office represented von Ehlinger on Monday. He argued that his attorney should have objected at various times during the nurse’s testimony, but did not. Because the victim was referred to Faces of Hope by law enforcement, Lehtinen questioned whether the nurse’s role served as a medical provider or evidence gatherer.

Faces of Hope at the time was the advocacy program that housed law enforcement agencies and medical providers with the goal of better assisting victims in one place. But defense attorneys have argued that such programs better aid prosecution and law enforcement.

Judge Cynthia Meyer asked Lehtinen if the victim’s mental and emotional health was part of the nurse’s concern, in addition to her physical health, and if asking questions about the assault could be part of that.