Legal crisis the accusation of sexual abuse is traumatic enough but serious penalties, residency restrictions, registration, and other requirements may stem from a conviction for a sex offense. Get an attorney limited exlcusively to criminal law to assist you in your defense. Contact David A. Cmelik Law PLC at 319-389-1889.
The Iowa Code defines sexual abuse as “[a]ny sex act between persons is sexual abuse by either of the persons when the act is performed with the other person . . . by force or against the will of the other” or if consent or acquiescence is procured by “threats of violence toward any person” or if the person is done “while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness.” It is also unlawful to commit a sex act on another person “suffering from a mental defect or incapacity which precludes giving consent.” This offense is a Class “A” felony. Second degree sexual abuse occurs when the defendant commits a sex act on another while displaying a dangerous weapon in a threatening manner or uses or threatens to use force creating a substantial risk of death or serious injury to any person, or if the other person is under the age of 12 or the defendant is aided or abetted by one or more persons and the sex act is committed by force or against the will of the other person. Iowa Code § 709.2 Third degree sexual abuse can similarly be an act committed by force or against the will of the other person, whether or not the other person is a spouse or living with the defendant. Other fact patterns may fit the definition of sex abuse in the third degree. If you or a loved one is facing a sex abuse charge in Linn, Johnson, Benton, Jones, Iowa counties, Cedar Rapids, Iowa City, Vinton, Anamosa, or other Iowa municipalities, contact David A. Cmelik Law PLC for a free ½ hour initial consultation at 319-389-1889 or firstname.lastname@example.org or www.daclawfirm.com Remember a blog is not legal advice. No attorney-client relationship is established by reading a blog or sending unsolicited information to a lawyer over the Internet.
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