Assault With Intent to Commit Sexual Abuse
Assault is a serious crime in Iowa, and sexual motivation elevates the charge. Assault with Intent to Commit Sexual Abuse is set apart from assault to delineate the sexual nature of the crime and provide more context to the court during legal proceedings. The law also acknowledges the additional trauma caused by attempted personal violations and thus elevates the assault charge to a minimum of an aggravated misdemeanor.
However, it is also possible that this law can be used by an overzealous prosecutor to pad a defendant’s charges, and thus is susceptible to misclassification or false accusation.
Assault Lawyers in Iowa
Sexually Motivated Assault Information Center
What is Assault?
Assault, as defined by Iowa Code 708.1, is an action that meets the following criteria.
First, a person may act in such a way to cause pain or injury or make physical contact that would be insulting or offensive to another person. Shoving, spitting or other actions that include gestures or immediate physical actions fall into this category.
Second, a person may take an action that is intended to place another person in fear of immediate physical contact which would be painful, injurious, insulting or offensive to another person. Threatening to punch someone, hit someone with one’s car, or any other action that causes the other person to fear for their safety constitutes assault under this section.
Third, a person may intentionally point a firearm at another person, or threaten someone with that weapon. “Brandishing” laws apply here as well, meaning that actions as simple as revealing one is armed can technically constitute assault.
Fourth, a person using a laser with the intent of blinding or causing pain or injury may be found guilty of assault. This law only applies to civilians, and does not apply to medical professionals, law enforcement officers within the scope of their charge, or persons using the laser as part of an established game (laser tag).
It is important to note here that assault does not require the alleged victim to actually be injured as it does for Aggravated Assault. Additionally, assault requires that the above actions are taken “without provocation.” If the alleged assaulter is goaded or incited to violence, then typical assault law does not apply.
What is Sexual Abuse in Iowa Law
It is important that you understand what sexual abuse is before discussing the connection between assault and intent to commit sexual abuse.
Under the Iowa Code, a “sex act” is any sexual contact between two or more people that incorporates any of the following:
- Penetration involving the genitals or the anus
- Contact between the mouth and genitalia or the anus
- Contact between the fingers of one person and the genitalia or anus of another
- Ejaculation on another person
- Using artificial sexual organs or substitutes in contact with the anus or genitalia
In Iowa, you’re considered to have committed “sexual abuse” if you had sexual contact with another person or persons that involved any of the following circumstances:
- The sexual act is committed against the other person’s will
- The other person gave consent after they were procured with threats of violence
- The act was done under the influence of a drug-inducing sleep or in a state of deep unconsciousness such as being extremely inebriated
- The other person suffered from a mental defect or incapacity which makes them unable to give consent or understand what a sexual act means
- The other person involved was a child under the age of 16 years old
What is Assault with Intent to Cause Sexual Abuse
Assault can be a very serious charge, and the implication of sexual assault automatically increases the charge to an aggravated misdemeanor. In short, any assault case in which the court can prove that the action was sexually motivated, or was taken to commit sexual abuse, can be upgraded to Assault with Intent to Commit Sexual Abuse.
In assault cases, the prosecution may look at the defendant’s actions before or during the assault, or the nature of the action (such as grabbing or attempting to grope a victim’s breast or buttock), to determine the sexual nature of the crime.
Penalties for Committing Assault with Intent to Cause Sexual Abuse
Because of the sexual nature of the crime, assault committed with intent to cause sexual abuse may range from an aggravated misdemeanor to a class “C” felony, as well as registration on the Iowa Sex Offender Registration.
Penalties by Grade
Aggravated Misdemeanor
A person who commits Assault with intent to cause Sexual Abuse is charged with an aggravated misdemeanor only if no injury results from the assault.
The maximum fine for an aggravated misdemeanor ranges from $855 to $8,540.
The maximum imprisonment for an aggravated misdemeanor ranges from 0-2 years.
Class “D” Felony
A person found guilty of assault with intent to commit sexual abuse is guilty of a class “D” felony if the person thereby causes any person a bodily injury other than a serious injury.
The maximum fine for a Class “D” felony ranges from $1,025 to $10,245.
The maximum imprisonment for a Class “D” felony ranges from 0-5 years.
Class “C” Felony
A person found guilty of assault with intent to commit sexual abuse is guilty of a class “C” felony if the person thereby causes serious injury to any person.
The maximum fine for a Class “C” felony ranges from $1,370 to $13,660.
The maximum imprisonment for a Class “C” felony ranges from 0-10 years.
Sex Offender Registration
As with most other crimes, an assault driven by sexual desires carries with it the possibility of being placed on the Iowa Sex Offender Registration indefinitely. This rule does not necessarily apply to those under the age of 18, except in the most severe cases.
Possible Defenses for Assault Charges
Defending against assault with intent to commit sexual abuse relies on refuting the sexual nature of the assault charge. An attorney may do so by attempting to prove that the assault either did not happen or that the assault was for some other reason than sexual abuse.
Additional defenses include showing that the charge is spurious or otherwise nondemonstrable.
Additional Resources
RVAP – is the Rape Victim Advocacy Program. This website includes information related to sexual violence, including resources, hotlines and advocacy programs for victims of sexual violence.
Sex Crimes – visit our sex crimes section for more information related to sex crimes, including general penalties and defenses, and other types of sexual crimes commonly seen by the criminal defense lawyers at McCarthy & Hamrock.
Hire an Assault Lawyer in Des Moines, Iowa | McCarthy & Hamrock
The lawyers are McCarthy & Hamrock are experienced defenders against all manner of assault and sexual crimes. Our lawyers are ready to provide legal representation and assistance in building a formidable defense against charges.
If you face accusations of any kind of sex or assault crime, an experienced Des Moines sex crime lawyer could make the difference between liberty and lifelong shame. Our skilled criminal defense attorneys at McCarthy & Hamrock, P.C. will take on the toughest sex offense cases, whether they be state or federal in Polk County and Dallas County. Call us today at (515) 279-9700 to set up a free consultation.