Sexual Misconduct with Offenders and Juveniles
Abusing one’s position for sexual gratification, also known as Sexual Misconduct, comes at a high cost in the state of Iowa. Misconduct with Offenders and Juveniles carries harsher fines than general misconduct, as it harms those in the state’s protection, including juvenile and non-juvenile offenders.
Victims often face physical, emotional, and mental damage for years to come, and as a result, the sentences for such misconduct carry multiple-year sentences as well as substantial fines if found guilty.
Understanding Sexual Misconduct with Offenders and Juveniles
Criminal prosecutors often seek the harshest sentences for those convicted of sexual crimes in Iowa. It can also be extremely difficult and draining to defend against false accusations unless you have secured representation. Our suggestion is that you hire one of the skilled sex crime defense attorneys at McCarthy & Hamrock.
McCarthy & Hamrock represents clients clients throughout the greater Dallas County and Polk County area Altoona, Ankeny, Waukee, Polk City, Adel, and West Des Moines. If you or a loved one have been accused or arrested for sexual misconduct involving juveniles or offenders, call our firm now at (515) 279-9700 to set up your first consultation.
Information on Sexual Misconduct in Iowa
- Sexual Misconduct in Iowa
- Penalties for Sexual Misconduct in Iowa
- Defenses for Sexual Misconduct in Iowa
- Additional Resources
Sexual Misconduct in Iowa
Sexual Misconduct laws are aimed at protecting vulnerable members of our society, including those at the mercy of the state and federal justice systems. In general, Sexual Misconduct with Offenders and Juveniles refers to any sexual contact or sex act conducted by an officer, employee or agent of correctional services upon someone committed to the Department of Corrections. Violating Iowa Code 709.16 constitutes an aggravated misdemeanor.
In order to be found guilty of Sexual Misconduct, the court must prove beyond a shadow of a doubt that the accused has met the criteria set out in Iowa Code 709.12:
- The offender must be a peace officer or otherwise employed or engaged with the Department of Corrections or District Department of Correctional Services
- The offender must engage in a sex act with a juvenile placed at such a facility OR
- The offender must engage in a sex act with someone incarcerated in a county jail
Juvenile placement facility refers to the following:
- Foster care facility
- Institutions controlled by the Department of Health and Human Services
- Psychiatric medical institutions for children
- Juvenile detention and juvenile shelter care homes
- Substance abuse treatment facilities
Penalties for Sexual Misconduct with Offenders and Juveniles
Sexual misconduct is generally prosecuted as an aggravated misdemeanor. These crimes may carry with them,
- A maximum fine of $855 to $8,540.
- A prison sentence of up to 2 years.
In addition to the above, those convicted of many sex crimes, including any crime against a minor, any crime of sexual exploitation, or any sexual offense that involves violence, are required to register as sex offenders. Anyone with internet access can log in and search for sex offenders near them, or by name.
The registry will have your photo, a description of you, your address, your birthdate, what you were convicted of, and the age of the victim. Your neighbors, potential employers, landlords, and people you hope to be in a relationship with will be able to see this.
People judge sex offenders very harshly — many consider it the worst type of crime. These draconian punishments make the importance of having a skilled criminal defense attorney all the more important because there is so much at risk.
Possible Defenses
Defenses against Sexual Misconduct claims typically center around establishing an alibi. However, because Sexual Misconduct claims may include solicitation of sexual favors, false accusations can turn into a ‘he said/she said’ situation. However, the best practice is to operate in pairs when speaking or interacting with a juvenile.
Other defenses include establishing a paper trail, building up the character of the defendant, and using eyewitness testimony to contest claims of Sexual Misconduct.
Finally, a lawyer could prove that the accused action took place outside of the 10-year statute of limitations.
Additional Resources
RAINN – Visit the official website for the Rape Abuse and Incest National Network (RAINN) to learn more about their resources for sexual abuse survivors. Access the site to learn the number of their national hotline, tips to escape your abuser, and other resources.
Iowa’s Sex Crimes Laws – Visit the official website for the Iowa Code to learn more about various sex offenses and their penalties. Access the site to find more information about sex crimes involving children, misconduct involving juveniles, and other related offenses.
Find a Sexual Misconduct Lawyer in Des Moines, Iowa | McCarthy & Hamrock
Call us now at (515) 279-9700 to set up your first consultation for free. During your appointment, we will sit with you and discuss all your legal options in further detail. McCarthy & Hamrock, P.C. represents people throughout the greater Polk County and Dallas County area including Polk City, West Des Moines, Altoona, Ankeny, and Miniburn.