VICTIMS OF SEXUAL ASSAULT

Iowa Code tit. XVI, ch. 915, subch. V

in effect

Iowa Code § 915.40 Definitions.

915.40. Definitions. As used in this subchapter, unless the context otherwise requires: 1. “AIDS” means acquired immune deficiency syndrome as defined by the centers for disease control of the United States department of health and human services. 2. “Alleged offender” means a person who has been charged with the commission of a sexual assault or a juvenile who has been charged in juvenile court with being a delinquent as the result of actions that would constitute a sexual assault. 3. “Authorized representative” means an individual authorized by the victim to request an HIV-related test of a convicted or alleged offender who is any of the following: a. The parent, guardian, or custodian of the victim if the victim is a minor. b. The physician of the victim. c. The victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results. d. The victim’s spouse. e. The victim’s legal counsel. 4. “Convicted offender” means a person convicted of a sexual assault or a juvenile who has been adjudicated delinquent for an act of sexual assault. 5. “Department” means the department of health and human services. 6. “Division” means the crime victims assistance division of the office of the attorney general. 7. “HIV” means the human immunodeficiency virus identified as the causative agent of AIDS. 8. “HIV-related test” means a test for the antibody or antigen to HIV. 9. “Petitioner” means a person who is the victim of a sexual assault which resulted in alleged significant exposure or the parent, guardian, or custodian of a victim if the victim is a minor, for whom the county attorney files a petition with the district court to require the convicted offender to undergo an HIV-related test. 10. “Sexual assault” means sexual abuse as defined in section 709.1, or any other sexual offense by which a victim has allegedly had sufficient contact with a convicted or an alleged offender to be deemed a significant exposure. 11. “Significant exposure” means contact of the victim’s ruptured or broken skin or mucous membranes with the blood or bodily fluids, other than tears, saliva, or perspiration of the convicted or alleged offender. “Significant exposure” is presumed to have occurred when there is a showing that there was penetration of the convicted or alleged offender’s penis into the victim’s vagina or anus, contact between the mouth and genitalia, or contact between the genitalia of the convicted or alleged offender and the genitalia or anus of the victim. 12. “Victim” means a petitioner or a person who is the victim of a sexual assault which resulted in significant exposure, or the parent, guardian, or custodian of such a victim if the victim is a minor, for whom the victim or the peace officer files an application for a search warrant to require the alleged offender to undergo an HIV-related test. “Victim” includes an alleged victim. 13. “Victim counselor” means a person who is engaged in a crime victim center as defined in section 915.20A, who is certified as a counselor by the crime victim center, and who has completed at least twenty hours of training provided by the Iowa coalition against sexual assault or a similar agency. 98 Acts, ch 1087, §3, 4; 98 Acts, ch 1090, §33, 84; 98 Acts, ch 1128, §2; 99 Acts, ch 181, §192023 Acts, ch 19, §1346

Iowa Code § 915.41 Medical examination costs.

915.41. Medical examination costs. 1. The cost of a medical examination of a victim for the purpose of gathering evidence and the cost of treatment of a victim for the purpose of preventing venereal disease shall be paid from the fund established in section 915.94. 2. If a sexual abuse evidence collection kit is collected pursuant to section 709.10, payment for the health care provider’s fee and the medical or clinical laboratory fee, if any, shall not be made until the department of justice verifies that the status of the sexual abuse evidence collection kit has been updated by the health care provider utilizing the kit tracking system established pursuant to section 915.53. 98 Acts, ch 1090, §34, 84; 99 Acts, ch 114, §48; 2021 Acts, ch 107, §4

Iowa Code § 915.42 Right to HIV-testing of convicted or alleged assailant.

915.42. Right to HIV-testing of convicted or alleged assailant. 1. Unless a petitioner chooses to be represented by private counsel, the county attorney shall represent the victim’s interest in all proceedings under this subchapter. 2. If a person is convicted of sexual assault or adjudicated delinquent for an act of sexual assault, the county attorney, if requested by the petitioner, shall petition the court for an order requiring the convicted offender to submit to an HIV-related test, provided that all of the following conditions are met: a. The sexual assault for which the offender was convicted or adjudicated delinquent included sufficient contact between the victim and the convicted offender to be deemed a significant exposure pursuant to section 915.40. b. The authorized representative of the petitioner, the county attorney, or the court sought to obtain written informed consent from the convicted offender to the testing. c. Written informed consent was not provided by the convicted offender. 3. If a person is an alleged offender, the county attorney, if requested by the victim, shall make application to the court for the issuance of a search warrant, in accordance with chapter 808, for the purpose of requiring the alleged offender to submit to an HIV-related test, if all of the following conditions are met: a. The application states that the victim believes that the sexual assault for which the alleged offender is charged included sufficient contact between the victim and the alleged offender to be deemed a significant exposure pursuant to section 915.40 and states the factual basis for the belief that a significant exposure exists. b. The authorized representative of the victim, the county attorney, or the court sought to obtain written informed consent to the testing from the alleged offender. c. Written informed consent was not provided by the alleged offender. 4. Upon receipt of the petition or application filed under subsection 2 or 3, the court shall: a. Prior to the scheduling of a hearing, refer the victim for counseling by a victim counselor or a person requested by the victim to provide counseling regarding the nature, reliability, and significance of the HIV-related test and of the serologic status of the convicted or alleged offender. b. Schedule a hearing to be held as soon as is practicable. c. Cause written notice to be served on the convicted or alleged offender who is the subject of the proceeding, in accordance with the rules of civil procedure relating to the service of original notice, or if the convicted or alleged offender is represented by legal counsel, provide written notice to the convicted or alleged offender and the convicted or alleged offender’s legal counsel. d. Provide for the appointment of legal counsel for a convicted or alleged offender if the convicted or alleged offender desires but is financially unable to employ counsel. e. Furnish legal counsel with copies of the petition or application, written informed consent, if obtained, and copies of all other documents related to the petition or application, including, but not limited to, the charges and orders. 5. a. A hearing under this section shall be conducted in an informal manner consistent with orderly procedure and in accordance with the Iowa rules of evidence. The hearing shall be limited in scope to the review of questions of fact only as to the issue of whether the sexual assault for which the offender was convicted or adjudicated delinquent or for which the alleged offender was charged provided sufficient contact between the victim and the convicted or alleged offender to be deemed a significant exposure, and to questions of law. b. In determining whether the contact should be deemed a significant exposure for a convicted offender, the court shall base the determination on the testimony presented during the proceedings on the sexual assault charge, the minutes of the testimony or other evidence included in the court record, or if a plea of guilty was entered, based upon the complaint or upon testimony provided during the hearing. In determining whether the contact should be deemed a significant exposure for an alleged offender, the court shall base the determination on the application and the factual basis provided in the application for the belief of the applicant that a significant exposure exists. c. The victim may testify at the hearing but shall not be compelled to testify. The court shall not consider the refusal of a victim to testify at the hearing as material to the court’s decision regarding issuance of an order or search warrant requiring testing. d. The hearing shall be in camera unless the convicted or alleged offender and the petitioner or victim agree to a hearing in open court and the court approves. The report of the hearing proceedings shall be sealed and no report of the proceedings shall be released to the public, except with the permission of all parties and the approval of the court. e. Stenographic notes or electronic or mechanical recordings shall be taken of all court hearings unless waived by the parties. 6. Following the hearing, the court shall require a convicted or alleged offender to undergo an HIV-related test only if the petitioner or victim proves all of the following by a preponderance of the evidence: a. The sexual assault constituted a significant exposure. b. An authorized representative of the petitioner or victim, the county attorney, or the court sought to obtain written informed consent from the convicted or alleged offender. c. Written informed consent was not provided by the convicted or alleged offender. 7. A convicted offender who is required to undergo an HIV-related test may appeal to the court for review of questions of law only, but may appeal questions of fact if the findings of fact are clearly erroneous. 98 Acts, ch 1087, §5; 98 Acts, ch 1090, §35, 84; 98 Acts, ch 1128, §2; 99 Acts, ch 114, §49, 50; 99 Acts, ch 181, §20

Iowa Code § 915.43 Testing, reporting, and counseling — penalties.

915.43. Testing, reporting, and counseling — penalties. 1. The physician or other practitioner who orders the test of a convicted or alleged offender for HIV under this subchapter shall disclose the results of the test to the convicted or alleged offender, and to the victim counselor or a person requested by the victim to provide counseling regarding the HIV-related test and results who shall disclose the results to the petitioner. 2. All testing under this chapter shall be accompanied by counseling as required under section 141A.7. 3. Subsequent testing arising out of the same incident of exposure shall be conducted in accordance with the procedural and confidentiality requirements of this subchapter. 4. Results of a test performed under this subchapter, except as provided in subsection 13, shall be disclosed only to the physician or other practitioner who orders the test of the convicted or alleged offender; the convicted or alleged offender; the victim; the victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results; the physician of the victim if requested by the victim; the parent, guardian, or custodian of the victim, if the victim is a minor; and the county attorney who filed the petition for HIV-related testing under this chapter. Results of a test performed under this subchapter shall not be disclosed to any other person without the written informed consent of the convicted or alleged offender. A person to whom the results of a test have been disclosed under this subchapter is subject to the confidentiality provisions of section 141A.9, and shall not disclose the results to another person except as authorized by section 141A.9, subsection 2, paragraph “i”. 5. If testing is ordered under this subchapter, the court shall also order periodic testing of the convicted offender during the period of incarceration, probation, or parole or of the alleged offender during a period of six months following the initial test if the physician or other practitioner who ordered the initial test of the convicted or alleged offender certifies that, based upon prevailing scientific opinion regarding the maximum period during which the results of an HIV-related test may be negative for a person after being HIV-infected, additional testing is necessary to determine whether the convicted or alleged offender was HIV-infected at the time the sexual assault or alleged sexual assault was perpetrated. The results of the test conducted pursuant to this subsection shall be released only to the physician or other practitioner who orders the test of the convicted or alleged offender, the convicted or alleged offender, the victim counselor or person requested by the victim to provide the counseling regarding the HIV-related test and results who shall disclose the results to the petitioner, the physician of the victim, if requested by the victim, and the county attorney who filed the petition for HIV-related testing under section 915.42. 6. The court shall not consider the disclosure of an alleged offender’s serostatus to an alleged victim, prior to conviction, as a basis for a reduced plea or reduced sentence. 7. The fact that an HIV-related test was performed under this subchapter and the results of the test shall not be included in the convicted offender’s medical or criminal record unless otherwise included in department of corrections records. 8. The fact that an HIV-related test was performed under this subchapter and the results of the test shall not be used as a basis for further prosecution of a convicted offender in relation to the incident which is the subject of the testing, to enhance punishments, or to influence sentencing. 9. If the serologic status of a convicted offender, which is conveyed to the victim, is based upon an HIV-related test other than a test which is authorized as a result of the procedures established in this subchapter, legal protections which attach to such testing shall be the same as those which attach to an initial test under this subchapter, and the rights to a predisclosure hearing and to appeal provided under section 915.42 shall apply. 10. HIV-related testing required under this subchapter shall be conducted by the state hygienic laboratory. 11. Notwithstanding the provisions of this subchapter requiring initial testing, if a petition is filed with the court under section 915.42 requesting an order for testing and the order is granted, and if a test has previously been performed on the convicted or alleged offender while under the control of the department of corrections, the test results shall be provided in lieu of the performance of an initial test of the convicted or alleged offender, in accordance with this subchapter. 12. In addition to the counseling received by a victim, referral to appropriate health care and support services shall be provided. 13. In addition to persons to whom disclosure of the results of a convicted or alleged offender’s HIV-related test results is authorized under this subchapter, the victim may also disclose the results to the victim’s spouse, persons with whom the victim has engaged in vaginal, anal, or oral intercourse subsequent to the sexual assault, or members of the victim’s family within the third degree of consanguinity. 14. A person to whom disclosure of a convicted or alleged offender’s HIV-related test results is authorized under this subchapter shall not disclose the results to any other person for whom disclosure is not authorized under this subchapter. A person who intentionally or recklessly makes an unauthorized disclosure in violation of this subsection is subject to a civil penalty of one thousand dollars. The attorney general or the attorney general’s designee may maintain a civil action to enforce this subchapter. Proceedings maintained under this subsection shall provide for the anonymity of the test subject and all documentation shall be maintained in a confidential manner. 98 Acts, ch 1087, §6; 98 Acts, ch 1090, §36, 84; 98 Acts, ch 1128, §2; 99 Acts, ch 114, §51; 99 Acts, ch 181, §21; 2007 Acts, ch 70, §11; 2014 Acts, ch 1119, §8, 11

Iowa Code § 915.44 Polygraph examinations of victims or witnesses — limitations.

915.44. Polygraph examinations of victims or witnesses — limitations. 1. A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency conducting an investigation into the matter. 2. An agency wishing to perform a polygraph examination of a person claiming to be a victim or witness of sexual assault shall inform the person of the following: a. That taking the polygraph examination is voluntary. b. That the results of the examination are not admissible in court. c. That the person’s decision to submit or refuse a polygraph examination will not be the sole basis for a decision by the agency not to investigate the matter. 3. An agency which declines to investigate an alleged case of sexual assault following a decision by a person claiming to be a victim not to submit to a polygraph examination shall provide to that person, in writing, the reasons why the agency did not pursue the investigation at the request of the person. 98 Acts, ch 1090, §37, 84

Iowa Code § 915.45 Notice to victims of discharge of persons committed.

915.45. Notice to victims of discharge of persons committed. 1. In addition to any other information required to be released under chapter 229A, prior to the discharge of a person committed under chapter 229A, the director of health and human services shall give written notice of the person’s discharge to any living victim of the person’s activities or crime whose address is known to the director or, if the victim is deceased, to the victim’s family, if the family’s address is known. Failure to notify shall not be a reason for postponement of discharge. Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee’s employment as a result of the failure to notify pursuant to this action. 2. The notification required pursuant to this section may occur through the automated victim notification system referred to in section 915.10A to the extent such information is available for dissemination through the system. 98 Acts, ch 1171, §13; 2005 Acts, ch 158, §512023 Acts, ch 19, §1347

Iowa Code § 915.46 Sexual assault forensic examiner program.

915.46. Sexual assault forensic examiner program. 1. As used in this section: a. “Federally qualified health center” means a facility as defined in 42 U.S.C. §1396d(1)(2)(B) that provides primary care or sexual health services. b. “Medical forensic services” include but are not limited to taking a medical history, performing photographic documentation, performing a physical examination, assessing a patient for evidence collection, collection of evidence using a sexual abuse evidence collection kit, assessing a patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and HIV, pregnancy risk evaluation and care, and discharge and follow-up health care planning. c. “Pediatric treatment facility” means a treatment facility that provides treatment relating to the development, care, and diseases of infants, children, and adolescents and that meets the accreditation requirements described in subsection 3. d. “Sexual assault examiner” means a medical practitioner who is trained to provide services that include but are not limited to the following: (1) Taking a medical history. (2) Performing photographic documentation. (3) Performing a physical examination. (4) Assessing a patient for evidence collection. (5) Collecting evidence using a sexual abuse evidence collection kit. (6) Assessing a patient for drug-facilitated or alcohol-facilitated sexual assault. (7) Providing an evaluation of care for sexually transmitted infection and HIV, pregnancy risk evaluation, and care. (8) Providing discharge follow-up health care planning. e. “Sexual assault nurse examiner” means a registered nurse, an advanced registered nurse practitioner, or an advanced practice registered nurse, licensed pursuant to chapter 152 or 152E who has completed a sexual assault forensic examiner program that meets the sexual assault nurse examiner education guidelines established by the international association of forensic nurses. f. “Sexual assault survivor” means a person who seeks medical forensic services in relation to injuries or trauma resulting from a sexual assault. g. “Treatment facility” means a hospital, clinic, or pediatric treatment facility that provides medical forensic services to sexual assault survivors who seek medical forensic services for a sexual assault within seven days of a sexual assault, or who have disclosed a past sexual assault by a specific person. 2. A sexual assault forensic examiner program is established within the department of justice. The sexual assault forensic examiner program shall maintain a list of sexual assault examiners and sexual assault nurse examiners who have completed didactic and clinical training approved by the department of justice and consistent with the sexual assault forensic examiner education guidelines established by the international association of forensic nurses. 3. In order to qualify as a treatment facility under this section, a pediatric treatment facility shall meet the accreditation standards for children’s advocacy centers adopted by the national children’s alliance including any of the following medical provider eligibility or training requirements: a. Child abuse pediatric sub-board eligibility or certification. b. A minimum of sixteen hours of formal didactic training in the medical evaluation of child sexual abuse for a physician without board certification or board eligibility in child abuse pediatrics, an advanced practice registered nurse, or a physician assistant. c. A minimum of forty hours of coursework specific to the medical evaluation of child sexual abuse followed by a competency-based clinical preceptorship. d. A pediatric treatment facility shall not exclude the presence of or interfere with the activities of a victim counselor as defined in section 915.20A. 4. a. By July 1, 2022, the sexual assault forensic examiner program shall develop and make available to treatment facilities two hours of online sexual assault training for sexual assault examiners and sexual assault nurse examiners. Notwithstanding any other law regarding ongoing licensure requirements, such training shall apply toward the continuing medical education and continuing nursing education credits for physicians, physician assistants, registered nurses, advanced registered nurse practitioners, and advanced practice registered nurses. b. The sexual assault forensic examiner program shall provide didactic and clinical training opportunities consistent with the sexual assault forensic examiner education guidelines established by the international association of forensic nurses, in collaboration with the department of health and human services and the Iowa coalition against sexual assault, in sufficient numbers and geographical locations across the state to assist treatment facilities with training sexual assault examiners and sexual assault nurse examiners. c. Sexual assault training provided under this subsection may be provided in person or online and shall include but is not limited to information concerning all of the following: (1) The provision of medical forensic services. (2) The use of a sexual abuse evidence collection kit. (3) Sexual assault epidemiology, the neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Iowa sexual assault-related laws. (4) The treatment facility’s sexual assault-related policies and procedures. 5. The sexual assault forensic examiner program, in collaboration with qualified medical providers, the department of health and human services, and the Iowa coalition against sexual assault, shall create uniform materials that all treatment facilities and federally qualified health centers are required to provide to patients and non-offending parents or legal guardians, if applicable, regarding medical forensic examination procedures, laws regarding consent relating to medical forensic services, and the benefits and risks of evidence collection, including recommended time frames for evidence collection pursuant to evidence-based research. These materials shall be made available on the department of justice’s internet site to all treatment facilities and federally qualified health centers. 6. The sexual assault forensic examiner program, in collaboration with qualified medical providers, the department of health and human services, and the Iowa coalition against sexual assault, shall create and update statewide sexual assault examiner and sexual assault nurse examiner protocols, shall provide technical assistance upon request to health care professionals, and shall provide expertise on best practices to health care professionals relating to sexual assault forensic examinations. 7. Advisory committee. a. The department of justice shall establish an advisory committee to support the sexual assault forensic examiner program implemented in accordance with this section. The duties of the committee shall include but are not limited to the following: (1) Advising the department of justice regarding the training programs developed for the sexual assault forensic examiner program. (2) Reviewing the implementation and effectiveness of the sexual assault forensic examiner program. (3) Recommending to the department of justice changes in legislation and administrative rules concerning the sexual assault forensic examiner program. b. Members of the advisory committee shall include staff members of the department of justice managing the sexual assault forensic examiner program; representatives from the department of health and human services as determined by the director to be appropriate, the Iowa coalition against sexual assault, the board of nursing, and other constituencies as determined by the department of justice with an interest in sexual assault forensic examinations; and the hospital medical staff person involved with emergency services pursuant to section 915.82. 2021 Acts, ch 108, §2; 2023 Acts, ch 19, §1348 – 1350