Continuous Sexual Abuse of a Child
Constant sexual abuse of a child occurs when an individual engages in a pattern of sexual abuse against a child over an extended period. This pattern typically involves repeated instances of sexual contact or sexual behavior with the child, often occurring over weeks, months, or even years.
Defense Attorneys for Continuous Sexual Abuse of a Child in Des Moines
Our attorneys at McCarthy & Hamrock are experienced criminal defenders and are ready to defend you in the most serious of sexual assault cases. These cases can be life-altering and false accusations can lead to a lifetime sentence without a good lawyer. Call us today at (515) 279-9700 to set up a free consultation.
Constant Sexual Abuse of a Child
- How Sexual Abuse is Defined in Iowa
- How Continuous Sexual Abuse of a Child is Defined in Iowa
- Common Penalties for Continuous Sexual Abuse of a Child
- Common Defenses Against Continuous Sexual Abuse of a Child
- How Lawyers Can Help Those Accused of Sexual Abuse
- Additional Resources
Sexual Abuse Defined
Broadly speaking, Sexual Abuse is defined by Chapter 709 of Iowa Criminal Statutes. Section 709.1 defines Sexual Abuse as any sex act between two persons that lacks willing consent. This lack of consent may include consent received via coercion of violence or some other method, or the second party may be asleep, either due to sleep-inducing pills drugs, or any other method. Additionally, sex acts committed upon someone suffering a mental defect or some other mental state that precludes the provision of consent (i.e., intoxication or inebriation) constitute sexual abuse. This also includes anyone under the age of consent.
Continuous Sexual Abuse of a Child Defined
Classified as a Class “B” Felony by Section 709.23 of the Iowa State Code, Continuous Sexual Abuse of a Child occurs when a person willingly commits sexual acts upon any person under the age of 18 three or more times within a 30-day period. This charge must be tried separately from any other sexual abuse charge for the same child. However, someone may be found guilty of violating 709.23 against multiple children and charged with one count for each child.
It is important to note that to be charged with Continuous Sexual Abuse of a Child the accused must be 18 years of age or older.
Penalties for Continuous Sexual Abuse of a Child
Violations of Section 709.23 are classified as a Class “B” Felony. Any person found guilty of violating Section 709.23 may be imprisoned for a maximum of 50 years, per count. This means that someone found guilty of sexually abusing multiple children, multiple times over a 30-day period, that person may receive what amounts to a life sentence.
Additionally, someone likely found guilty of any sexual abuse crime will be forced to register as a sex offender.
Common Defenses
Defenses against any Section 709 charge are delicate and sensitive matters. However, some common defenses employed by a legal team may include attempts to either refute charges entirely, mitigate the charges, or try to engage in pretrial diversions.
Refutation of charges may include references to Section 709.10, which governs the applicability of evidence in Sexual Abuse cases. The lawyer may argue that sexual abuse kits were either not used, examinations were conducted improperly, or that they were not handled correctly.
Additionally, a defense attorney may attempt to establish an alibi, or otherwise prove that the alleged actions could not have taken place.
In lieu of refutational evidence, a lawyer may attempt to fight a few, but not all, of their client’s sexual abuse charges. Continuous Sexual Abuse of a Child requires the accused to be found guilty of at least three instances of sexual abuse as defined by Section 709 within a 30-day period. If a lawyer can prove that these instances occurred infrequently or that some occurred while others did not, then the client may not be found guilty of violating Section 709.23, a Class “B” Felony.
Finally, Section 709.23 requires the full consent of a jury before someone may be found guilty. A lawyer may therefore appeal to the journey.
How Lawyers Help Those Accused of Sexual Abuse
As mentioned in the previous section, a lawyer who has taken on a client accused of continuous sexual abuse of a child will attempt to establish alibis, prove character, and engage in other means of demonstrating the impossibility of the alleged crime.
Additional Resources
Section 709.23 of the Iowas State Code. This section of the state law provides definitions for Continuous Sexual Abuse of a Child and its associated penalties.
RAINN– Visit the official website of the Rape Abuse and Incest National Network (RAINN) to find resources for those struggling with sexual abuse. Access the site to learn survivor stories, penalties in your state, the number to their national hotline, and how to get help.
IOWACASA – Visit The Iowa Coalition Against Sexual Assault for additional information including testing, finding resources, and next steps for someone who has recently been assaulted or abused.
Hire an Attorney for Continuous Sexual Abuse in Des Moines, Iowa | McCarthy & Hamrock
If you face accusations of any kind of sex 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.