Iowa Marital Rape Statutes

Iowa's marital rape statutes state that if a sexual offense is committed with force against a person's will, the act is prosecutable, even if the victim is the perpetrator's spouse or was cohabiting with the perpetrator.

Current Iowa Law

The following are provisions under which an aggrieved victim can bring sexual abuse charges against an offending spouse:

709.2  Sexual abuse in the first degree

A person commits sexual abuse in the first degree when in the course of committing sexual abuse the person causes another serious injury.

Sexual abuse in the first degree is a class A felony.

709.3  Sexual abuse in the second degree

A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:

1.  During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.

2.  The other person is under the age of twelve.

3.  The person is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person against whom the sex act is committed.

Sexual abuse in the second degree is a class B felony.

709.4  Sexual abuse in the third degree

A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:

1. The act is done by force or against the will of the other person, whether or not the other person is the person's spouse or is cohabiting with the person.

2. The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:

a. The other person is suffering from a mental defect or incapacity which precludes giving consent.

b. The other person is twelve or thirteen years of age.

c. The other person is fourteen or fifteen years of age and any of the following are true:

(1) The person is a member of the same household as the other person.

(2) The person is related to the other person by blood or affinity to the fourth degree.

(3) The person is in a position of authority over the other person and uses that authority to coerce the other person to submit.

(4) The person is four or more years older than the other person.

3. The act is performed while the other person is under the influence of a controlled substance, which may include but is not limited to flunitrazepam, and all of the following are true:

a. The controlled substance, which may include but is not limited to flunitrazepam, prevents the other person from consenting to the act.

b. The person performing the act knows or reasonably should have known that the other person was under the influence of the controlled substance, which may include but is not limited to flunitrazepam.

4. The act is performed while the other person is mentally incapacitated, physically incapacitated, or physically helpless.

Sexual abuse in the third degree is a class C felony.

Penalties

A class A felony is punishable by life imprisonment without parole.

A class B felony is punishable by up to 25 years in prison.

A class C felony is punishable by up to 10 years and a fine between $1,000 to $10,000.

Find a Lawyer

If you face marital rape charges in Iowa, you can be imprisoned up to life without parole in certain cases. Find an attorney as soon as possible to defend against possible prosecution and/or conviction.