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age of consent for sex

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nursejlynn

Junior Member
What is the name of your state (only U.S. law)? Iowa


I found out that a 13 year old girl and a 14 year old boy had sex recently, and it was in a public place. My daughter is a friend of this girl, and I'm wondering what, if any, charges could be filed in situations like this. Thank you.What is the name of your state (only U.S. law)?
 


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HomeGuru

Senior Member
nursejlynn said:
What is the name of your state (only U.S. law)? Iowa


I found out that a 13 year old girl and a 14 year old boy had sex recently, and it was in a public place. My daughter is a friend of this girl, and I'm wondering what, if any, charges could be filed in situations like this. Thank you.What is the name of your state (only U.S. law)?
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**A: you have no jurisdiction to file charges and neither do the parents of the two minors. By the way, it does not matter if the sex act occurred in a public or a private place. The fact of the matter is that laws were broken.
 
Ohiogal

Ohiogal

Queen Bee
Peligroso27 said:
What is she supposed to report? There were no laws broken here, unless the child was sexually assaulted.
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SEVERAL laws were broken here. The child was statutorily raped. What are you smoking? And can I have some because there are times that I would love to be as oblivious as you appear to be.
 
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Peligroso27

Member
Ohiogal I don't smoke. The statutory rape law in Iowa states, "Third-degree sexual abuse to perform a sex act on another person, not his spouse, who is (1) age 12 or 13 or (2) age 14 or 15 if the actor is five or more years older." If I am correct 14 is only one year older than 13, and I believe I am. There were no laws broken here that should be reported by the OP.

For reference (§ 709. 4)
 
Ohiogal

Ohiogal

Queen Bee
Peligroso27 said:
Ohiogal I don't smoke. The statutory rape law in Iowa states, "Third-degree sexual abuse to perform a sex act on another person, not his spouse, who is (1) age 12 or 13 or (2) age 14 or 15 if the actor is five or more years older." If I am correct 14 is only one year older than 13, and I believe I am. There were no laws broken here that should be reported by the OP.

For reference (§ 709. 4)
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You may not smoke but you also don't read properly:

709.4 SEXUAL ABUSE IN THE THIRD DEGREE.
A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances:

1. The act is done by force or against the will of the other person, whether or not the other person is the person's spouse or is cohabiting with the person.

2. The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:
a. The other person is suffering from a mental defect or incapacity which precludes giving consent.

b. The other person is twelve or thirteen years of age.

c. The other person is fourteen or fifteen years of age and any of the following are true:

(1) The person is a member of the same household as the other person.

(2) The person is related to the other person by blood or affinity to the fourth degree.

(3) The person is in a position of authority over the other person and uses that authority to coerce the other person to submit.

(4) The person is four or more years older than the other person.
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Note the period at the end of b. That means that is the end of the thought. The child is 13. Nothing else needs to be -- including the person being 4 years older. It is a sex crime against her. It is a class C FELONY as well. Where I come from, a felony is a crime hence using the law that YOU partially quoted, you are wrong and you prove my point.
Also if it was seen by anyone else it is this crime:
709.9 INDECENT EXPOSURE.
A person who exposes the person's genitals or pubes to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if:

1. The person does so to arouse or satisfy the sexual desires of either party; and

2. The person knows or reasonably should know that the act is offensive to the viewer.
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726.6 CHILD ENDANGERMENT.
1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:
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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Which if the parent of the 13 year old knows and has done nothing about it, results in that crime being committed.

There are at least three crimes that are possible -- hence mandated reporting kicks in for the nurse depending on WHO told her this information.
 
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nursejlynn

Junior Member
ohiogal I appreciate your opinion but so you do not remain ignorant on the issue, a nurse, along with other manditory reporters, are not mandated by any laws what-so-ever to report when they are not on duty. Mandatory reporters also are required to have proof of the allegations either by evidence or by statements made from the individual or witnesses. My questions was simply asking what are the laws in Iowa so I can protect my own child. If you are unable to help, then please leave room only for serious informed and educated responses. Thank you.
 
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Peligroso27

Member
Ohiogal said:
You may not smoke but you also don't read properly:



Note the period at the end of b. That means that is the end of the thought. The child is 13. Nothing else needs to be -- including the person being 4 years older. It is a sex crime against her. It is a class C FELONY as well. Where I come from, a felony is a crime hence using the law that YOU partially quoted, you are wrong and you prove my point.
Also if it was seen by anyone else it is this crime:



Which if the parent of the 13 year old knows and has done nothing about it, results in that crime being committed.

There are at least three crimes that are possible -- hence mandated reporting kicks in for the nurse depending on WHO told her this information.
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Pretentious attitude aside, you are still wrong. That law would not apply to a fourteen year old. It applies to adults who are defined for the purpose of that section as being 18 or older.
 
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proud_parent

Senior Member
nursejlynn said:
ohiogal I appreciate your opinion but so you do not remain ignorant on the issue, a nurse, along with other manditory reporters, are not mandated by any laws what-so-ever to report when they are not on duty.
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To be precise, Iowa law mandates that any person who in the scope of professional practice or employment responsibilities "examines, attends, counsels, or treats a child" make a report if he or she reasonably believes a child has been abused. A mandatory reporter is not excused from reporting suspected abuse simply because he or she learned of it when not on the clock.

nursejlynn said:
Mandatory reporters also are required to have proof of the allegations either by evidence or by statements made from the individual or witnesses.
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Not so. The Iowa Code is very clear on the standard of knowledge: reporter "reasonably believes" the child has been abused. The law does NOT require the reporter to have proof that abuse occurred before making a report. The reporter's role is to report the child's condition, not to validate the abuse.
 
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proud_parent

Senior Member
Peligroso27 said:
Pretentious attitude aside, you are still wrong. That law would not apply to a fourteen year old. It applies to adults who are defined for the purpose of that section as being 18 or older.
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Then why in the entirety of that chapter (beginning with §709.1 "SEXUAL ABUSE DEFINED." -- see below) is the term "person" used rather than "adult"?:
Any sex act between persons is sexual abuse by either of the
persons when the act is performed with the other person in any of the
following circumstances:
1. The act is done by force or against the will of the other. If
the consent or acquiescence of the other is procured by threats of
violence toward any person or if the act is done while the other is
under the influence of a drug inducing sleep or is otherwise in a
state of unconsciousness, the act is done against the will of the
other.
2. Such other person is suffering from a mental defect or
incapacity which precludes giving consent, or lacks the mental
capacity to know the right and wrong of conduct in sexual matters.
3. Such other person is a child.
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Code 2007 Index
 
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