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Iowa Age of Consent & Statutory Rape Laws
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What Is Statutory Rape?
The law considers it to be sexual exploitation for anyone in a position of trust or authority over a young person, to engage in sexual activity with them. This includes a person on whom the young person is dependent. A young person is a person 16 years of age or more, but under 18 years.
The courts would determine exploitation by the wrongful conduct of the person in the position of trust rather than the consent of the young person.
My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
The law also provides for the protection of persons with mental or physical disabilities without any age restrictions. The courts would determine exploitation by the wrongful conduct of the exploiter rather than the consent of the young person. Publication of Intimate Images without Consent: An intimate image is a picture or video of a person who is nude, partially nude, or engaged in sexual activity.
The photos can be of a child or an adult.
Even if the individual consented to the pictures or videos, it is an offence to distribute them if the individual had a reasonable expectation of privacy at the time they were taken. If the person who sexually assaulted me is charged, will I have to go to court? A preliminary hearing is a hearing where a judge decides whether there is enough evidence to send the case to trial. If the case goes to trial, the Crown prosecutor can call you as a witness to testify, even against your partner or spouse. Can I get help and support if I go to Court?
Victim Services Coordinators can explain the court process to you and help you understand what will happen in court. Contact the provincial Victim Services Office nearest you. They can tell you about the special supports and assistance to help victims of sexual offences when they testify. They will also tell you about other services and programs for victims such as counseling and crime compensation. Can the defence lawyer get copies of my counseling or medical records and ask me questions?
Only if the judge decides this information has something to do with the case. A judge would hold hearings to decide whether the defence lawyer can have the records.
The Crown prosecutor and the Victim Services Coordinator will explain the process to you. Can the defence lawyer use my past sexual activities to suggest that I consented this time? Your past sexual activities with anyone other than the accused would not be considered relevant to the issue of consent for this particular offence. The defence lawyer cannot use evidence about your past sexual activities to show:. Usually the trial is open to the public but you have a right to keep your identity protected.
This is called a publication ban. Victim Services will explain the various protections that may be available. What happens when a person is found guilty? Usually the judge will not sentence the offender immediately. The judge will set a date for sentencing and may ask for a pre-sentence report on the offender.
The pre-sentence report is done by a probation officer. Can victims tell the Court how the crime has affected them? Yes, victims have the right to make a written Victim Impact Statement which can be filed with the court when the accused has been found guilty.
See the pamphlet Victim Impact Statements.
Statutory Rape: The Age of Consent
The judge must consider your statement, among other things, in deciding on the sentence. If you wish, you can ask to read your statement aloud at the sentencing hearing.
What type of sentence might an offender get? The punishments for sexual assault and sexual offences may range from a fine, to life in prison. The judge can also give a suspended sentence or probation. Convictions for child exploitation offences carry a mandatory minimum sentence.
What should I do if someone sexually assaults me? Call the police or RCMP. In an emergency dial Tell the police where you are and what happened. The police can take you to the hospital right away where healthcare professionals can do an examination and gather evidence. Certain municipal police forces have victim service units. These units often offer crisis counseling. Also, they may have staff or volunteers who will accompany the police when they are talking to a sexual assault victim. The police will ask you a lot of detailed questions. Write down everything you can remember, including:.
The police will either write your answers in a statement or they will use audio or videotape to record your answers.