If Found Guilty of Sexual Abuse in Council Bluffs, Will It Remain on My Record for Life?

A sexual abuse conviction in Council Bluffs, Iowa, will likely remain on your criminal record for life. This is because sexual abuse is a serious criminal offense in Iowa and a felony. For this reason, such convictions generally cannot be expunged or removed from a person’s criminal record. 

<h2>What Is the Difference Between Sealing and Expunging a Record? </h2>

Sealing and expunging both refer to the restriction of public access to certain criminal records. However, the key difference is the extent of restriction each option offers.  

Sealing a record means that the record is still available but not to the general public. In other words, the record is hidden from public view and access, but other parties, such as law enforcement, government agencies, and certain employers, can access it. 

In a sexual assault case, sealing protects the privacy of individuals arrested or charged with a crime but not those convicted. 

On the other hand, expunging a record involves completely erasing or destroying it. As a result, law enforcement, government agencies, employers, or other parties cannot access the record.  

Expungement is possible when an individual has been arrested or charged with a crime but was later found not guilty, had their case dismissed, or completed a pre-trial diversion program. 

  

<h2>Who Is Eligible for Expungement in Iowa? </h2>

Individuals convicted of misdemeanors may qualify for expungement in Iowa. However, they must meet the following eligibility requirements: 

<ul>

<li>The conviction must be for a non-violent misdemeanor. </li>

<li>More than eight years must have passed since the date of conviction. </li>

<li>The individual must have paid all court-ordered fines, fees, and restitution. </li>

<li>The individual must not have any pending criminal charges or be currently serving a sentence for any criminal offense. </li>

<li>The individual must not have been granted two or more deferred judgments. </li>

As mentioned earlier, if you have been convicted of sexual abuse, Iowa laws do not allow the removal of such a conviction from your record. However, that does not mean you do not have options. We’ll discuss that shortly.  

<h2>How Serious Are Sexual Abuse Charges in Council Bluffs? </h2>

Being charged with sexual abuse in Council Bluffs, Iowa, may result in significant penalties. The severity of the penalties depends on the specific offense committed. This is because there are different degrees of sexual abuse recognized under Iowa law, as discussed below. Under Iowa law, sexual abuse may be committed in various ways. First, sexual abuse occurs when a person commits a sex act by force or against the will of another. Sexual abuse also occurs when a person has committed a sex act against a person suffering from a mental defect that prevents them from consenting or the person cannot understand the nature of the sex act. Finally, sexual abuse occurs when a person has committed a sex act against a child. A sex act could include penetration, touching, or oral contact. 

<h3>First Degree Sexual Abuse </h3>

Classified as a Class A felony in Iowa, sexual abuse in the first degree is the most serious offense under the sexual crimes category. This type of abuse involves serious injury to the victim during the course of the sexual abuse. In Council Bluffs, first-degree sexual abuse is punishable by life in prison. 

<h3>Second Degree Sexual Abuse </h3>

A person commits sexual abuse in the second degree when during the commission of the sexual abuse the person displays a dangerous weapon in a threatening manner or uses or threatens force creating a substantial risk of death or serious injury to the victim. A person also commits second degree sexual abuse when the victim is a child or the perpetrator is aided by another and the sex act is committed by force. Considered a Class B felony in Iowa, this offense carries a maximum prison sentence of 25 years. 

<h3>Third Degree Sexual Abuse </h3>

Finally, sexual abuse in the third degree is a Class C felony, punishable by a maximum of 10 years incarceration and a fine between $1,370 and $13,660. 

Third degree sexual abuse occurs when a person performs a sex act on another by force. It also includes circumstances where the victim is ages 14 or 15 and the perpetrator is four or more years older, in a position of authority, or is a member of the same household.  

<h2>Is It Possible To Beat a Sexual Abuse Charge? </h2>

You may be able to successfully defend against a sexual abuse charge in Council Bluffs. However, this will depend on the unique nature of your case and whether or not you’ve sought legal counsel and representation.  

Here are different ways an attorney may be able to help you defend against a sexual abuse charge.   

<h3>Challenge the Evidence </h3>

This may involve arguing that the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt. Keep in mind that in criminal cases, the judge or jury cannot convict you if they have reasonable doubt that you committed the crime. ‘reasonable doubt’ essentially means ‘insufficient evidence.’ For example, depending on the specifics of the case, you may be able to argue that the alleged victim’s testimony is unreliable or that law enforcement mishandled physical evidence. 

<h3>Claim Consent </h3>

If the alleged sexual activity was consensual, you could argue that you did not commit sexual abuse. However, there’s a catch. 

Iowa has set the legal age of consent for sexual activity at 16, but there is an exception for victims aged 14 or 15, provided their partner is not more than four years older than them. It is important to note that if the age gap exceeds four years, the victim cannot legally consent, and their partner may face charges of statutory rape. 

Statutory rape refers to having consensual sex with a minor.  

As you can see, consent is a key element in any sexual abuse case. If you can show that the alleged victim willingly engaged in sexual activity with you (and was of legal age), you may be able to succeed in defending against such charges.  

<h3>Challenge the Investigation </h3>

Sometimes, investigators, (and even prosecutors, can be unintentionally biased. Some may act out of emotions and inadvertently fail to objectively analyze the evidence. If there is evidence of this, you may be able to challenge the credibility of the investigation.  

For example, if law enforcement did not properly record the alleged victim’s statements, you may argue that the investigation was flawed. 

<h3>Protect Your Constitutional Rights  </h3>

A sexual abuse charge does not strip you of your constitutional rights. Under the law, you are innocent until proven guilty. You have the right to remain silent and the right to have an attorney represent you. 

<h3>Negotiate a Plea Offer </h3>

This option applies in cases where the evidence against the defendant is strong. It involves negotiating with the prosecutor to plead guilty to a lesser charge or come to an agreement for a less serious sentence.  

 <h2>How Can a Criminal Defense Lawyer Help? </h2>

Obtaining a criminal defense lawyer in Council Bluffs gives you a chance to successfully defend against a sexual abuse charge. Being charged with sexual abuse does not mean you are guilty. Instead, it means that you’ve been formally accused of the crime. 

While a charge could ruin your reputation or career in the short-term, a conviction will have serious and significant effects on your future and freedom long-term. 

An experienced criminal defense attorney can help you defend against the charge in an effort to avoid a conviction altogether. To put things into perspective, such a lawyer can:  

<ul>

<li>Ensure that your constitutional rights are protected throughout the legal process. These include your right to remain silent, your right to an attorney, and your right to a fair trial. </li>

<li>Conduct a thorough investigation of the case against you. This may involve reviewing police reports, witness statements, and other evidence. </li>

<li>Challenge the prosecution’s evidence against you, by finding errors in eyewitness identification procedures or calling into question the reliability of physical evidence.  </li>

<li>Negotiate a plea bargain with the prosecution if the evidence against you is strong.   </li>

<li>Defend you in court if your case goes to trial. </li>

<li>Provide emotional support and guidance throughout the process. </li>

<h2>What Are Some Possible Defenses In a Sexual Abuse Case? </h2>

Now that you know how an experienced criminal defense attorney can help if you or a loved one has been wrongfully charged with sexual abuse, let’s briefly go over some possible defenses they may use to defend your case. These include:  

<h3>Consent </h3>

If the sexual activity was consensual, the conduct may not be considered sexual abuse. However, consent can be a complex issue, as mentioned earlier. If the victim was under the age of consent, you may still be charged with statutory rape.  

<h3>Lack of Intent </h3>

Sexual abuse requires a specific intent to commit the crime. As a result, you may avoid a conviction if the sexual contact was accidental or mistaken. 

<h3>Mistaken Identity </h3>

It’s not uncommon for sexual abuse victims to identify the wrong person as their assailant. For perspective, one study found that mistaken identity has contributed to at least 70% of wrongful conviction cases in the United States. Your lawyer may be able to argue that you were not the person who committed the assault and present evidence to support this claim. 

<h3>False Accusations </h3>

Unfortunately, like mistaken identity, false accusations of sexual abuse are also not uncommon. In Iowa, you can barely go a week or two without hearing of such cases in the news. 

<h3>Coercion </h3>

If the other party used threats or physical force to coerce you into committing the offense, your lawyer may be able to argue that you were acting under duress. As a result, you may not be held responsible for the abuse. 

  

 

Because each case is different, the exact defense that could apply to your situation will depend on the nature of the crime and the specific facts of your case. At Berry Law, our experienced criminal defense lawyers can help you fight these charges to avoid a conviction.  

<h2>Why Berry Law? </h2>

Berry Law is a leading criminal defense firm in Iowa. With a history of defending the rights of the accused since 1965, you can count on us to help you fight back against the charges brought against you.  

Our firm was founded by respected and decorated attorney John Stevens Berry, Sr., who has a reputation for representing clients in more than 24 states in the country and in two foreign nations. Supporting our competence, professionalism, and experience in criminal defense, we have won numerous awards and accolades over the years. 

For many people, a sexual abuse charge in Council Bluffs could mean the end of their career, relationships, or general happiness. For us, it’s just the beginning of a new legal battle we strive to win.  

Contact us now to discuss your case.