IOWA : Rape/Molestation Statutes of Limitation
In the state of Iowa, any sex act between persons is sexual abuse by either of the participants when the act is performed with the other participant in any of the following circumstances:
1. The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other.
2. Such other participant is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
3. Such other participant is a child.
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.
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 participant 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 participant.
Sexual abuse in the second degree is a class "B" felony.
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 participant, whether or not the other participant 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 participant is suffering from a mental defect or incapacity which precludes giving consent.
b. The other participant is twelve or thirteen years of age.
c. The other participant is fourteen or fifteen years of age and any of the following are true:
i. The person is a member of the same household as the other participant.
ii. The person is related to the other participant by blood or affinity to the fourth degree.
iii. The person is in a position of authority over the other participant and uses that authority to coerce the other participant to submit.
iv. The person is in a position of authority over the other participant and uses that authority to coerce the other participant to submit.
3. The act is performed while the other participant 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, has been consumed by or administered to the other participant without the other participant's knowledge.
b.The controlled substance, which may include but is not limited to flunitrazepam, prevents the other participant from consenting to the act.
c.The person performing the act knows or reasonably should have known that the other participant was under the influence of the controlled substance, which may include but is not limited to flunitrazepam.
Sexual abuse in the third degree is a class "C" felony.
The statute of limitations in the state of Iowa for sexual abuse is 10 years.
Bob sexually abuses Jane. She is at first afraid to tell anyone about what happened, though eventually she wants to report it. Jane has ten (10) years from the commission of the crime to bring charges against Bob.
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