Two men charged with rape of teenage boy
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IDAHO FALLS — Two Idaho Falls men have been charged with the rape of a teenage boy following an encounter that happened more than two years ago.
The now 18-year-old victim recently told police about sexual activity that had taken place between him, Austin Gene Ferguson, 26, and Richard Dwayne Hensley, 24, in 2017, according to an affidavit of probable cause obtained by EastIdahoNews.com. As the victim was under 16 years old and could not legally consent to sex, Hensley and Ferguson were charged with felony rape of a child under the age of 16.
Police spoke with the victim and Ferguson, who both said the three were drinking before the incidents. The victim said Hensley made him perform sexual activities with the two men. Both Hensley and Ferguson said the victim lied about his age, and they believed he was either an adult or close to being an adult.
Ferguson described the encounter in the same way as the victim but told police the sex was consensual, according to court documents.
Both men were released on pretrial services and waived their preliminary hearings. Ferguson pleaded not guilty at his arraignment Tuesday, and Hensley is scheduled for arraignment Tuesday.
If convicted of rape, both men could serve a minimum of one year in prison and up to a life sentence. They would also be required to register as sex offenders.