Defining Sexual Violence
Sexual violence is defined by sexual abuse laws and by commonly used terms.
Page Contents
Legal Definitions | Criminal Charges | Common Terms
Legal Definitions
Each state legally defines sex crimes, so the exact definition depends on where you live. Contact the state coalition against sexual assault in your area for assistance with state laws if you are outside of Iowa.
For support and information through the legal process, contact us for Legal Advocacy.
The following definitions are summarized from the Iowa Code, and are in no way intended to serve as legal advice. Complete legal definitions are available in the Iowa Code Chapter 709.
According to Iowa law, sexual abuse is defined as a sex act committed by one person by force or against the other person's will. Chapter 709.1
A sex act occurs when one person’s genitals touch another person’s mouth or genitals, or when a substitute for a person's genitals, such as fingers or an object, touches another person's genitals. Chapter 702.17
A sex act is against a person’s will if consent is attained by threats of violence, if they are asleep, unconscious, or incapacitated due to drugs or alcohol or any other reason, or if the person has a disability that limits their ability to make decisions in sexual matters. Chapter 709.1 Chapter 709.1A
A sex act is sexual abuse if the other person is a child. Child Sexual Assault
Criminal Charges
Sexual abuse in the third degree: includes most adult sexual abuse cases, and a sex act with of a child age 12-15.
Sexual abuse in the second degree: includes the use or threat of a dangerous weapon, gang rape and a sex act with a child under 12.
Sexual abuse in the first degree: includes sexual abuse with serious injury.
Other Criminal Charges
709.8 Lascivious acts with a child
709.9 Indecent exposure
709.11 Assault with intent to commit sexual abuse
709.12 Indecent contact with a child
709.14 Lascivious conduct with a minor
709.15 Sexual exploitation by a counselor, therapist or school employee
726.2 Incest
Statutory Rape
The age of consent in Iowa is 16. The term “statutory rape” is not used in the Iowa Code, but a sex act with someone under 16 is included in Sexual abuse in the third degree.
A sex act with someone 13 years old or younger is sexual abuse. A sex act with someone 14 or 15 is sexual abuse if the other person is five or more years older, for example, sex between a 19 year-old and a 14 year-old. Unwanted sexual contact is sexual abuse regardless of a person's age.
Common Terms
In addition to the way the term "sexual abuse" is used in the Iowa Code, people use the terms rape, sexual assault, and sexual abuse to talk about a variety of different behaviors. The following definitions convey an idea about how the various terms are used throughout this website.
Rape Rape is usually defined as vaginal, oral or anal sex by force or against a person’s will. The term “rape” is not used in Iowa law. Instead, rape is considered “sexual abuse” in the first, second, or third degree.
Sexual abuse This term is often used more broadly than the way it is used in Iowa law. It can refer to any kind of abusive behavior in which sex is used as a weapon or as a threat. This could include: obscene phone calls, exhibitionism, window peeking, catcalls, harassment, attempted rape, rape, and childhood sexual abuse.
Sexual assault Sexual contact and touching in a non-consensual manner that is offensive to the person. Sexual contact is any touching of the sexual or intimate parts of the body (breasts, abdomen, buttocks, inner things, pubic or genital areas).
Child sexual abuse The sexual exploitation or victimization of a child by an adult, adolescent or older child. The difference in age and sexual knowledge between a child and an older person makes consent impossible. This includes a range of behaviors including vaginal, anal, or oral penetration, fondling, exhibitionism, prostitution, and photographing a child for pornography. The sexual activity does not have to involve force. Children are often bribed or threatened into sexual acts.
Incest When a person sexually abuses a member of the same family.
Acquaintance rape When a victim knows the person who raped her/him.
Date rape A rape that occurs on a date or similar social event.
Sexual harassment Any unwanted sexual advances, requests for favors and other verbal or physical contact of a sexual nature that makes an individual uncomfortable or intimidated. This can include sexual assault and rape.
Domestic violence An incident or pattern of behaviors (may include physical, emotional, economic, verbal and/or sexual abuse) that a person uses to gain power and control within an intimate relationship. "Domestic" usually refers to live-in partners, former live-in partners, or adult relatives who live in the same household.
Dating violence Physical, emotional, economic, verbal, or sexual abuse committed by one dating partner against another.
Stalking Legally defined as “a repeated course of conduct intended to cause fear of bodily injury or death.” This is commonly used to include following and/or repeated harassment, regardless of intent.
