Iowa House Bill HSB75

Iowa 2023-2024 Regular Session

• Introduced: 1/20/23
• Refer: 1/20/23

Caption

A bill for an act relating to continuous sexual abuse of a child, and making penalties applicable.(See HF 176.)

Impact

By redefining the legal framework around continuous sexual abuse of minors, HSB75 strengthens the penalties applicable to offenders. Current laws were previously focused on specific degrees of sexual abuse. This bill modifies the approach by broadening the criteria for conviction, thus potentially increasing the conviction rates for perpetrators of serial sexual offenses against children. Furthermore, it introduces a mandatory minimum incarceration requirement, denying parole or work release until offenders have served a substantial portion of their sentences. The implications of such regulations are significant for both the legal community and child protection advocates.

Summary

House Study Bill 75 addresses the issue of continuous sexual abuse of a child by outlining specific legal definitions and penalties associated with this crime. The bill stipulates that a person aged eighteen or older commits continuous sexual abuse if they engage in three or more acts of sexual abuse with the same child, with at least thirty days between the first and last acts. This bill introduces a class B felony designation for such offenses, punishable by confinement of up to fifty years. Additionally, it clarifies that the jury does not need to agree on the specific acts committed or the dates they occurred, only that the criteria for continuous sexual abuse are met.

Contention

Debate surrounding HSB75 may arise regarding the balance between rigorous enforcement of child protection laws and the rights of the accused. Proponents of the bill argue that it takes necessary steps to safeguard children and ensure that offenders face severe consequences for repeated abuse. Critics, however, may voice concerns over the potential for wrongful convictions without the requirement for juries to pinpoint specific acts or dates. This critical perspective emphasizes the importance of due process rights and could spark discussions on how to effectively protect victims while maintaining fair legal standards for defendants.