Legal Question in Family Law in Iowa

Parent not reporting abuse of child

A mothers child told her that her step-father had been touching her in inappropriate ways. This step-father is already a convicted sex offender twice over. This was 2 1/2 months ago that the child told her mother this. The mother did not report it but the child told her grandmother who then reported it to the proper authorities. Both DHS and the police know the mother knew in advance that the child made these allegations. Can she be prosecuted along with the step-father for child endangerment or anything of the kind? Thanks.


Asked on 8/22/04, 11:12 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Parent not reporting abuse of child

Yes it is possible for a parent to be prosecuted for child endangerment under the conditions you describe, under section 726.6(e) if the Code if Iowa, which states:

e. Knowingly permits the continuing physical or sexual abuse of a child or minor. However, it is an affirmative defense to this subsection if the person had a reasonable apprehension that any action to stop the continuing abuse would result in substantial bodily harm to the person or the child or minor.

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Answered on 8/23/04, 3:58 pm


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