Date Rape
Sexual assault or abuse in any form is prosecuted harshly in the state of Iowa. However, if you used controlled substances to commit the crime your penalties may be enhanced. A conviction for date rape in Iowa is a class C felony, which means you could be spending time in jail. Not only this, but sexual predatory laws could elevate your charges even further if you have a prior conviction for a sexual offense.
If you or someone you know has been charged with date rape or sexual abuse, it’s imperative you secure legal representation as soon as possible. The penalties for sex crimes in Iowa are astounding and can alter your life completely. They can include fines, restitution, rehabilitative classes, probation, and even time behind bars. Don’t be idle when it comes to your future and gain trusted legal representation today.
Defense Attorney for Date Rape in Polk County, IA
The penalties associated with rape are incredibly harsh, especially if you used a substance on the victim beforehand. If you or someone you know has been charged with date rape, we implore you to gain legal representation with the experienced sex crimes attorneys at McCarthy & Hamrock, P.C..
The defense attorneys at McCarthy & Hamrock, P.C. have represented countless people accused of sex crimes with success. We understand what it takes to defend against a serious sexual offense such as date rape and can utilize our resources and skills for your case. Call us now at (515) 279-9700 to set up your first consultation for free. McCarthy & Hamrock, P.C. accepts clients throughout the greater Polk County and Dallas County area including Adel, Altoona, Ankeny, Waukee, Perry, Miniburn, and West Des Moines.
Overview of Date Rape in IA
Date Rape Laws in the State of Iowa
The term “date rape” is not actually used in the Iowa statutes for sexual offenses. Instead, types of sexual assault are referred to as sexual abuse under Iowa Code Section 709. The law refers to date rape as sexual abuse in the third degree. You’re guilty of committing date rape if you do any of the following actions:
- Performs a sex act on another person; and
- The act was performed while the victim was under the influence of a controlled substance, which can include flunitrazepam; and
- The controlled substance prevented the victim from consenting to the act; and
- You were aware that the victim was under the influence throughout the act; OR
- You performed a sex act on a person who was mentally incapacitated, physically incapacitated, or physically helpless
The term “sexual abuse” under the Iowa Code refers to any sex act that is done:
- Done against the will of another person; or
- The person is unable to give consent because they suffer from incapacity or have been drugged with a controlled substance
The term “mentally incapacitated” refers to a person being unable to control their own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance. “Physically helpless” is described under the Iowa code as being unable to communicate unwillingness of the act because the person is unconscious or physically limited. Finally, the term “physically incapacitated” is defined as a person having a bodily impairment or handicap that limits their ability to flee.
Penalties for Date Rape in Iowa
Date rape is charged as a class C felony in the state of Iowa. The penalties for the crime are a fine between $1,000 and $10,000 as well as up to 10 years in prison. Certain factors of the date rape case can enhance the charge to a class B felony. These include:
- Displaying a weapon or threatening to use force that could create a substantial risk of death or serious injury to the person during the act;
- The victim was under the age of 12; or
- You aided and abetted someone who was date raping another person
A class B felony can result in up to 25 years in prison and a fine assigned by the court. If a serious injury occurs because of the date rape, then the charge is a class A felony which means possible life imprisonment. A serious injury can include the following:
- A disabling mental illness;
- Any injury on a child that requires surgery or general anesthesia; or
- A bodily injury that fits the following categories:
- Creates a substantial risk of death;
- Causes serious permanent disfigurement; or
- Causes protracted loss or impairment of a bodily member or organ
It’s important to note that you could also be classified as a sex offender because of the charges. Sex offenders must have their status, name, photo and crime displayed online in Iowa’s sexual predator registry. Additionally, they might be required to inform their community of their status whenever they move.
Additional Resources
Iowa’s Coalition Against Sexual Assault – Visit the official website for Iowa CASA, the Coalition Against Sexual Assault a state-wide organization whose goal is to end sexual violence and provide support for survivors. Access their site to find resources, advocates, and survivor stories, and learn how you can get involved.
Iowa’s Laws for Date Rape – Visit the official website for Iowa’s Code to learn more about their sexual crimes. Access the site to learn the penalties, inadmissible defenses, enhancement requirements, and other relevant information about sex crimes.
Sexual Assault Defense Lawyer in West Des Moines, Iowa
If you or someone you know has been charged with sexual assault or date rape, you must have legal counsel on standby. The penalties associated with sex crimes are nothing to take lightly so you need to be prepared when you enter the courtroom. Stay ahead of the game by calling McCarthy & Hamrock, P.C. for effective legal counsel.
McCarthy & Hamrock, P.C. is a reputable firm with experience representing sex crimes. Call now at (515) 279-9700 to set up your first consultation for free and discuss your legal options. McCarthy & Hamrock, P.C. assists people throughout the Polk County and Dallas County area including West Des Moines, Altoona, Ankeny, and Polk City.