Iowa Legislation

Iowa Law Related to Sexual Assault & Victim's Rights

Chapter 709.1 Sexual Abuse

1. A sex act constitutes sexual abuse if the act is done by force or against someone’s will, or if consent is given under threats of violence or violence, or if the act is done when a person is asleep because of drugs or otherwise unconscious;
2. If a person is suffering from a mental defect or incapacity which prevents giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters;
3. If the person is a child. 

To read the full chapter on Iowa Sexual Abuse Law click here and enter 709 in the "Chapter.Section" field.

Chapter 915 Victim Rights

Registration, Notification and Rights in Criminal Proceedings:
You have the right to file a written request for registration form with the county attorney.  After doing so you will be updated as to court proceedings you are expected to attend, given information about the Crime Victim Compensation Program, restitution, and your right to make a victim impact statement.  You may also be notified when the offender is released or transferred from the Department of Corrections. 

Victims of Juveniles:
Under the Iowa Code, if the sexual offender is a juvenile, the victim is entitled to receive certain information regarding the complaint against the juvenile, and has the same rights as other sexual assault victims. 

Protections for Children and Other Special Victims:
A child victim, meaning person under the age of 18 is entitled to special rights, including; the right to immediate short term medical or mental health services without having to contact the victim’s parents or guardians, special privacy protections, which includes not using the child’s name or any identifying personal information on any public records. If a child is a witness in a criminal case, under certain circumstances, they can be appointed a guardian to represent their interest.  There are also special rules regarding testimony of a minor in court. 

Victims of Sexual Assault:
A victim’s medical costs due to a sexual assault will be paid for by the State.  A victim also has the right to request HIV testing of the offender if they are convicted. Someone who reports a sexual assault will not be required to submit to a lie-detector test.  Victims also have a right to be notified of a sexually violent offender’s release from civil commitment. 

Victims of Domestic Abuse:
In addition to other rights provided for under Iowa law, a victim of domestic abuse shall have the right to file a petition on their own for relief from domestic abuse.  Victims also have a right to have law enforcement remain on the scene following a crime, to assist the victim in leaving the scene, to assist the victim in getting transportation to medical care, and to provide the person with a written statement of victim rights and information about domestic abuse services.  Victims can also file for a criminal no-contact order. 

Victim Compensation:
Victims are able to receive some funds from the Crime Victim Compensation Program. A person shall apply in writing within two years of the date of the crime.  In order to qualify the crime must have been reported to law enforcement within 72 hours of its occurrence. For information on what expenses are covered under the Program, see Iowa Code sections 915.80 - 915.95 or contact your local county attorney’s office.  

Victim Restitution:
Victims are entitled to restitution in criminal cases where the defendant is either found or has pled guilty for damages or losses they may have suffered as a result of the assault. If you believe you are entitled to these damages contact your local county attorney’s office. 

To read the full chapter on Victim Rights in Iowa click here and then enter 915 in the "Chapter.Section" field.