Legal Question in Criminal Law in Iowa

Sex offender laws and trials

A man has been charged with 2nd degree sexual assault on a minor, he's taking it trial. He's been told that the minor child will have to testify in front of him. He has two prior sexual offences on minors and is considered a sex offender. Will the child have to testify in front of him even though she wasn't threatened by him? I'm with the prosecution's side on this due to obvious reasons and believe the child will be harmed more by having to testify in front of her step-dad, the accused. He thinks it's funny she will have to testify in front of him b/c he knows she will recant because she's scared once she sees him in court and he is her step dad.

Also, the childs mother has been told if he is not convicted and she brings the child back to Iowa from Missouri to be around him, DHS will remove the child from her care. The mother has been charged with sexual abuse by omission and child neglect/endangerment. Will this happen?

Thanks, sorry so long but I'm trying to do what I can in defense of this child.


Asked on 1/15/05, 6:00 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Sex offender laws and trials

Depending on how old the minor child is, the prosecutor is entitled to have the child testify out of the presence of the offender if there is a likelihood that she would be intimidated.

The standards for what DHS does are a lot lower than what the courts get involved with, so yes, I could see it happening that even if he is not found guilty for some reason that the child might well be removed from the home.

Read more
Answered on 1/17/05, 2:36 pm


Related Questions & Answers

More Criminal Law questions and answers in Iowa