What Are Iowa’s Consent Laws?
Consent laws pertain to when someone is legally able to enter into a contract, get married and have sexual relations. In the United States, the legal age of consent is 18 years old. However, there are exceptions, such as if the both people involved are a minor (legal ages between 10 and 17 vary by state) or there is a big difference between the ages (often 3 or 4 years). Because of this, consent laws vary by state.
In Iowa, only people over 18 can consent to have sex. If one of the two people is a minor , it is up to the state to determine whether or not the alleged abuser is prosecuted. Iowa law states that any person who commits a sex act with someone under the age of 12 has committed a class A felony and faces 25 years of imprisonment. Anyone who commits a sex act with someone between the ages of 12 and 15 has committed a class C felony, and any person described as a "cognitively impaired adult" has committed a class B felony punishable by at least 5 years and up to 25 years in prison.
The Age of Consent in Iowa
The age of consent in Iowa is 16 years. This means that if an individual is 16 years of age or older, they provide legal consent. However, if an individual is below the age of 16, any sexual contact is considered a crime as their ability to consent is invalid. Anyone above the age of 18 is not allowed to engage in sexual contact of any kind with someone who is below 16 years of age.
Because young adulthood presents a unique level of independence where many work and attend college or trade school away from home, then very often it simply comes down to convenience when it comes to relationships. As a result, you may find yourself romantically linked with someone who is close to 16, but not quite old enough to legally consent to sexual contact. This creates a unique situation where a parent or other guardian of the child believes consent was given, but the misunderstanding is that the child is actually below the legal age of consent.
This is not to say that even if you are in the right, something will not happen. A concerned parent could very easily police any interaction with their son or daughter, especially if they believe their child’s decision-making skills are being adversely affected by their relationship with someone over the age of 18. Even though the individual is not legally able to consent, authorities who are called could charge the older individual.
In the case of State v. Kimball, the defendant was charged with third-degree sexual conduct after his 16-year-old stepdaughter admitted that she and Kimball had engaged in sexual intercourse. The debate was whether Kimball could be charged, since he went to great lengths to understand the situation of his stepdaughter, even approaching her physician to ask about her "dangerous" sexual behavior. Ultimately, the Court determined that even though Kimball asked about his stepdaughter’s behavior, and admonished her, he was not aware that she could not consent since she was under the legal age of consent. As a result, the Court vacated his conviction.
Additionally, a case set forth in State v. Albright suggests there is a head knowledge needed that simply becomes the man’s responsibility when it comes to his interactions. Since 1980, the law has been revised so that it says that a person may not be convicted of sexual abuse if the defendant reasonably believed that the child was over the age of 16.
Other Exceptions and Special Scenarios
While the age of consent laws in Iowa are quite clear, there are exceptions that do apply. Each of these circumstances can result in nuanced legal outcomes that may require the assistance of an attorney to combat properly.
One exception to the age of consent laws in Iowa is the close-in-age exemption. This means that if both party are within a certain number of years of each other, statutory rape cannot be charged. The standard is as follows:
Iowa Code § 709.4.(1995): A person is not guilty of sexual abuse under section 709.2, 709.3, or 709.4 if the person is less than three years older than the other individual at the time of the offense and both persons are fourteen years of age or older.
This exemption does not apply to individuals who are in authority over the other person. In such situations, the age of consent in Iowa is 16. An individual cannot grant consent to anyone they are in a position to influence, such as a teacher, healthcare provider, coach, clergy member, etc.
There are a few defenses that may exclude individuals from being charged with sexual abuse, including:
The first two defenses are presented in front of the Grand Jury and if successful, will result in the case being dismissed. The third defense can have a prosecuting attorney file a motion.
Penalties for Consent Violations
In Iowa, a violation of consent laws is classified as a criminal act. Offenders can face a range of criminal charges and varying sentences depending on the nature of the offense. These charges can include but are not limited to simple assault, statutory rape, or more serious sexual assault crimes. The severity of the offense and the age difference between the parties involved typically dictate the criminal classification.
A simple assault in Iowa carries a maximum penalty of 30 days in jail and/or fines up to $855. A simple assault occurs when one person is hit by another or experiences an intentional threat with apparent ability to inflict injury when the person making the threat has the present ability to do so. To build a case for simple assault involving consent laws, the prosecution needs to prove that consent was either not given, not freely given, or is not legally valid/allowed because of age.
If convicted of sexual assault or statutory rape, a defendant may face felony charges and potentially long-term imprisonment. Sentences for sexual assault can range from two years to life in prison, with the possibility of having to register as a sex offender. Registers must follow specific reporting and residency restrictions that can substantially impact their quality of life.
The implications of violating Iowa consent laws extend beyond immediate criminal penalties. Having a criminal record can affect employment opportunities, housing options, and personal relationships, and permanently registering as a sex offender can have social consequences that extend to future generations.
Moreover, Consent Covers More Than Sexual Acts
Consent in other contexts beyond sexual activities is also important under Iowa law. For instance, parental consent is often needed for medical treatment of minor children under Iowa law. A parent may not refuse medical treatment for a minor child except upon reasonable belief that such treatment would result in death, serious permanent dysfunction or severe permanent disfigurement of the child, and the treatment involves a minimal risk of failure having a similar result.
Consent may be given by a power of attorney for several purposes, including management of property, health care decisions, and burial decisions . Iowa law permits a guardian and a conservator to petition the court for a finding of incapacity over a person, and a guardian may perform any act to meet the daily needs of the person, including health care, marital, contractual, or employment decisions. When such a decision is made over an incapacitated person, there are even restrictions that apply if it affects rights of a ward with respect to a spouse, except with respect to the dissolution of a marriage.
Iowa’s Code includes laws applicable when implementing the decision of a court or state agency in awarding or withholding custody of a child. In these situations, Iowahere are prohibitions on consent to sexual activity between a perpetrator and their victim, which may be defined typically or specifically.
Current Legislative Measures and Changes
The most notable change significant to the consent laws and statutory rape laws in Iowa is the establishment of a minor as an individual who is less than 16 years of age. The law also removed the requirement that a person must have "carnally known" or "had intercourse" with a victim in order to be found guilty of sexual assault.
Another legislative change worth noting is the 1985 "Spousal Rape Law". Under that law, forced sexual intercourse between married spouses constitutes rape. Iowa Code § 710.1. Iowa Code Section 710.2 describes the penalties that accompany those classifications. The punishment for this offense is imprisonment up to 10 years in the penitentiary if the offense was committed within five years of the first offense, otherwise imprisonment is confinement at the county jail up to two years and/or a fine up to $6,500. This does not apply in cases where spouses are already separated or living apart by reason of court decree or statutes defining separation or living apart, are living under the terms of a temporary or permanent separate maintenance decree, or have filed a petition for dissolution of marriage or permanent separation.
In 1990, Iowa added the definition of "lascivious conduct with a minor" to the code. Iowa Code § 709.8. The offense consists of knowingly engaging in, or offering or agreeing to engage in, sexual conduct with a minor, or knowingly inviting, enticing, or agreeing to invite or entice a minor to engage in sexual conduct. "Sexual conduct", for purposes of this section, means any of the following: masturbation or touching either directly or through clothing, the breasts, chest, buttocks, inner thighs, or genitals of the minor, or procuring, encouraging, or offering or agreeing to procure, encourage or offer a minor to masturbate or touch the actor’s genitals. "Sexual conduct" does not include sexual intercourse, but does include a lascivious act with a minor. This makes it illegal to expose a minor to sexual activity or view sexual activity with the intent of involving the minor in sexual activity. A conviction of this results in felony charges which are classified as Tier 2, tier two is a class C felony punishable by up to 10 years in prison.
Iowa also adopted Megan’s Law, which goes into effect July 1, 1995. Megan’s law requires inclusion of the name on our state sex offender registry and a description of a person’s crime. It also provides for community notification of a sex crime. Megan’s Law in no way provides immunity to the state for inappropriate notification to the community.
Legal Guidance and Resources
The Iowa State Bar Association maintains a directory of private practice attorneys through their Iowa Lawyer Finder service. As well, the Iowa Legal Aid, a nonprofit organization that provides free legal aid, has several handbooks and pamphlets relating to Iowa law that are available online as PDFs . In addition, The Iowa District Court website is another good place to find up-to-date information on the most important cases relating to state law.
