Seeking Criminal Charges

The term rape is not used in the Iowa Code. Instead, criminal behavior involving sexual conduct is called sexual assault. Sexual assault is a crime prosecuted by the state. The victim is assigned a prosecutor from the County Attorney's office in the county where the sexual abuse took place (Cedar Falls or UNI incidents fall within Black Hawk County.)

There are several degrees of sexual assault. The degree of sexual assault is determined by the particular elements of the crime. "Rules of Evidence" also limit the admissibility of evidence concerning the victim's prior sexual activity.

There are several levels in the prosecution process, including issuance of a warrant, arrest, arraignment, depositions and trial. Iowa Senate File 293 guarantees that a victim counselor shall have access to any proceedings related to the offense (at the victim's request). This includes examinations in an emergency medical facility, law enforcement investigations, pre-trial court hearings, trial and sentencing proceedings, and proceedings relating to the preparation of a pre-sentence investigation report.