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Portions of the Iowa
Code 2003 that pertain to sexual abuse (Iowa’s term for sexual
assault or rape) appear below. Please refer to the Iowa State University
Student
Information Handbook for more information about university policies
regarding sexual assault and sexual harassment.
709.1 Sexual abuse defined.
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.
702.17 Sex act.
The term "sex act" or "sexual activity" means any
sexual contact between two or more persons by: penetration of the penis
into the vagina or anus; contact between the mouth and genitalia or by
contact between the genitalia of one person and the genitalia or anus
of another person; contact between the finger or hand of one person and
the genitalia or anus of another person, except in the course of examination
or treatment by a person licensed pursuant to chapter 148,
148C, 150, 150A, 151, or 152; or by use of artificial sexual organs or
substitutes therefore in contact with the genitalia or anus.
709.1A Incapacitation.As used in this chapter, "incapacitated"
means a person is disabled or deprived of ability, as follows:
1. "Mentally incapacitated" means that a person
is temporarily incapable of apprising or controlling the person's own
conduct due to the influence of a narcotic, anesthetic, or intoxicating
substance.
2. "Physically helpless" means that a person is unable
to communicate an unwillingness to act because the person is unconscious,
asleep, or is otherwise physically limited.
3. "Physically incapacitated" means that a person
has a bodily impairment or handicap that substantially limits the person's
ability to resist or flee.
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