This project is supported by Grant No. 20150014 awarded by the Office on Violence Against Women, U.S. Department of Justice.  

The opinions, findingsconclusions or recommendations expressed in this program are those of the author(s) and do not necessarily reflect the view of the

 U.S. Department of Justice, Office on Violence Against Women.

SEXUAL ASSAULT

 Every 109 Seconds  

Someone Is 

 Sexually Assaulted 

DEFINING CONSENT

How is consent defined?

  • Answer

    Consent is not specifically defined. However, Iowa law defines “sexual abuse” as any sex act between persons where

    • (1) the sexual act is done by force or against the will of the other;

    • (2) the consent or acquiescence of the victim is procured by threats of violence;

    • (3) the victim is under the influence of a drug inducing sleep or otherwise in a state of unconsciousness;

    • (4) victim is suffering from a mental defect or incapacity which precludes giving consent;

    • (5) the victim lacks the mental capacity to know the right and wrong of conduct in sexual matters.   I.C.A. § 709.1.

    It is not necessary to establish physical resistance by a person in order to establish that an act of sexual abuse was committed by force or against the will of the person. I.C.A. § 709.5.

SEXUAL ASSAULT
THE HARD TRUTH

Every 8 Minutes

A CHILD IS A VICTIM OF SEXUAL ABUSE

6 out of 1,000 Perpetrators

WILL END UP IN PRISON

55%

WERE NEAR OR AT A SURVIVORS HOME

STATUTE OF LIMITATIONS

 

Understandably, many sexual assault victims are not ready to make a decision about pursing criminal charges immediately after a sexual assault. In Iowa a survivor has ten years to ask the County Attorney's Office to pursue a criminal case (or ten years after one's 18th birthday if the assault took place prior to the survivor turning 18). Physical evidence, however, is lost quickly after a sexual assault and typically cannot be recovered. The choice can be made to have evidence collected and preserved immediately after an assault and decide later how to proceed.​

Credit:Iowa State University

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