In Iowa, a person commits the crime of sexual abuse (sometimes called sexual battery) by engaging in any sexual activity by force or against the victim's will.
For more information, see Sexual Battery Laws and Penalties.
Under Iowa law, sexual abuse is defined as any sex act committed against another by force, against the victim's will, or when the victim is unable to consent (whether because the victim is unconscious, or under the influence of a drug the induces sleep, or has a mental disability, or is a child under the age of 14).
Iowa law broadly defines "sex act" to include intercourse, oral or anal sex, or any contact between the genitals, hands, or fingers of one person and the genitals or anus of another.
(Iowa Code § § 702.5, 702.17, 709.1.)
Violent sexual conduct may also be prosecuted as an assault (an act intended to cause pain, injury, or offensive physical contact, or place another in fear of pain or injury). For example, using any object to sexually penetrate another is a felony assault in Iowa.
(Iowa Code § § 708.1, 708.2.)
For more information on assault laws, see Iowa Misdemeanor Assault Laws, Iowa Felony Assault Laws, and Assault With a Dangerous Weapon in Iowa.
In Iowa, a person commits the crime of sexual abuse in the first degree if, in the course of committing sexual abuse, the defendant causes serious injury to another.
A serious injury creates a risk of death, or causes permanent disfigurement or sustained impairment, including disabling mental illness. Examples of serious injuries include bone fractures and severe post-traumatic stress disorder. Any injury to a child that requires surgical repair under general anesthesia is also considered a serious injury.
(Iowa Code § § 702.18, 709.2.)
Second degree sexual abuse occurs when, in the course of committing sexual abuse (as defined above):
(Iowa Code § 709.3.)
Sexual abuse in the third degree encompasses a number of crimes, including any sexual act performed by force or against the other person's will.
(Iowa Code § 709.4.)
The statute also addresses the following three situations, when the sex act is committed between people who arenot husband and wife (or living together as such) at the time of the act:
Twelve or thirteen-year-old victim. The other person is only twelve or thirteen years old. For example, a teacher who has sex with her thirteen-year old student could be prosecuted under this law.
No ability to give consent. The other person has a mental defect or incapacity that makes it impossible to give consent. For instance, taking sexual advantage of a severely disabled person would violate this provision.
Fourteen or fifteen-year-old victim. When the other person is only fourteen or fifteen years old, sex with such a person is illegal if any of the following conditions exist:
This last provision criminalizes incest and child sexual abuse, while exempting consensual sexual activity between teenagers. For example, a 17-year-old who engaged in consensual sexual activity with his 15-year-old girlfriend could not be prosecuted for sexual abuse.
(Iowa Code § 709.4.)
Excluding husbands and wives (and those living as such) from the crimes explained just above is known as a "marital rape shield," but it does not necessarily mean that spouses and co-habitants may engage in these activities without legal repercussions. Prosecutors may, depending on the facts, charge perpetrators with general assault crimes.
Iowa's assault laws are explained in Assault and Battery (click the link for Iowa).
For more on Iowa's approach to marital rape, see Iowa Marital Rape Laws.
Finally, abuse in the third degree occurs when the other person is drugged or incapacitated.
(Iowa Code § 709.4.)
Sexual abuse in the first degree is a class "A" felony, punishable by life imprisonment.
Sexual abuse in the second degree is a class "B" felony, punishable by up to 25 years' imprisonment.
Otherwise, sexual abuse is a class "C" felony, punishable by up to ten years' imprisonment and a fine of $1,000 to $10,000.
Sexual penetration is also a class "C" felony.
(Iowa Code § § 708.2, 709.2, 709.3, 709.4, 902.9.)
People who are convicted of sexual abuse in Iowa are required to register as sex offenders. People who are convicted of aggravated sexual abuse or sexual abuse by force or against the victim's will are required to register for life. Other sex offenders are required to register for ten years.
(Iowa Code § § 692A.101, 692A.102, 692A.103, 692A.106.)
If you are charged with a sex crime in Iowa, you should contact a local criminal defense attorney. A conviction for sexual abuse can have serious and lasting ramifications, including time in prison and lifetime sex offender registration. An attorney will be able to explain the legal process to you and help you present the strongest defense.
Need a lawyer? Start here.