Iowa Rape and Sexual Assault Laws

All states have rape and sexual assault laws making it illegal to engage in a sexual act with someone who doesn't consent to the sexual activity. Iowa law refers to rape and sexual assault as "sexual abuse,” regardless of the victim’s age.

This article examines and explains Iowa’s sexual abuse laws, including the varying degrees and penalties for these sex crimes. If you’re facing sexual abuse or sexual assault charges, speaking with a criminal defense attorney is a necessity. Whether you’re dealing with criminal charges for a misdemeanor or felony, the penalties are severe and will impact your personal and professional lives.

Iowa’s Criminal Code and Sexual Assault

The Iowa Code defines sexual abuse in a general manner before dividing the crime into three degrees: first-degree, second-degree, and third-degree. Iowa classifies all sexual abuse crimes as felonies. The degree of the felony and the criminal penalties depend on the facts of the case.

What Does the Prosecutor Have To Prove?

The prosecutor must prove each element of a criminal offense to gain a conviction. In sexual assault cases, this requires that the state demonstrate the following:

• The defendant engaged in a sex act with the alleged victim
• The defendant used force or otherwise engaged in sexual conduct with the victim against their will

There are various ways a defendant can engage in sexual contact with the victim against their will. Some of these include:

• The defendant uses physical force or threats of physical force
• The victim is under the influence of alcohol, drugs, or some other substance that causes an impairment, making them unable to give consent
• The victim is unconscious
• The victim is a child/juvenile
• The victim has a mental disability and cannot give valid consent

If a person holds a position of authority over their victim, they do not need to use actual force. Threats of another variety may suffice. This qualifies as sexual abuse in the third degree.

The penalties for sexual assault against a child are more severe than they are for cases involving an adult. The legal age of consent in Iowa when it comes to sexual abuse is 16. The same is true if the defendant uses a dangerous weapon to gain control of the sexual assault victim.

What Type of Sexual Contact Qualifies as a Sexual Assault?

Law enforcement can arrest you on charges of sexual assault if they catch you committing lascivious acts against another person without their consent. Iowa’s sexual assault and rape laws do not require that actual penetration take place.

Under Iowa state law, the following acts may qualify as acts of sexual violence for purposes of sexual assault:

• Sexual intercourse
• Indecent contact with the victim’s genitals, anus, or female breasts
• Ejaculation on the victim
• Contact between the defendant’s mouth and the victim’s genitalia, anus, or female breasts
• Forcing the victim to make contact between their mouth and the defendant’s private parts

Iowa Rape and Sexual Assault Statutes

The following table offers a quick summary of Iowa's rape and sexual assault laws.

Iowa Rape and Sexual Assault Laws: Related Resources

You can visit FindLaw's section on sex crimes for more information and articles on this topic. If you or someone close to you is facing a rape or sexual assault charge, contact a local sex crimes attorney.