Iowa Sexual Battery Laws

Sexual Battery in Iowa refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Iowa, sexual battery is covered by two statutes: Lascivious Acts and Indecent Contact

• Lascivious Acts: fondling or touching pubes or genitals of a child, or allowing the child to touch the perpetrator's pubes or genitals
• Indecent Contact: fondling or touching the inner thigh, groin, buttock, anus or breast of a child, or touching the clothing covering those immediate areas, or soliciting or permitting a child to do lascivious acts. Applies to defendant 18 years of age or older or defendant 16 or 17 years of age who commits the act(s) with a person at least 5 years younger,

Penalties for Sexual Battery in Iowa 

The penalty for sexual battery in Iowa depend on the charges and circumstances included.

• For lascivious acts charge—Class D Felony, Minimum $750 fine, maximum of no more than five years in prison and $7,500 fine; if prison sentence is imposed, an additional term of parole or work release not to exceed two years is also imposed
• For indecent Contact: Aggravated Misdemeanor, Minimum $500 fine, maximum of no more than two years in prison and $5,000 fine

Defense of a Sexual Battery in Iowa 

The list of defenses for Sexual battery in Iowa here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Iowa  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.