2011 Iowa Code
TITLE XVI CRIMINAL LAW AND PROCEDURE
SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS
CHAPTER 709 SEXUAL ABUSE
709.15 Sexual exploitation by a counselor, therapist, or school employee.
709.15 Sexual exploitation by a counselor, therapist, or school employee.
1. As used in this section:
a. Counselor or therapist means a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, member of the clergy, or any other person, whether or not licensed or registered by the state, who provides or purports to provide mental health services.
b. Emotionally dependent means that the nature of the patient s or client s or former patient s or client s emotional condition or the nature of the treatment provided by the counselor or therapist is such that the counselor or therapist knows or has reason to know that the patient or client or former patient or client is significantly impaired in the ability to withhold consent to sexual conduct, as described in subsection 2, by the counselor or therapist.
For the purposes of subsection 2, a former patient or client is presumed to be emotionally dependent for one year following the termination of the provision of mental health services.
c. Former patient or client means a person who received mental health services from the counselor or therapist.
d. Mental health service means the treatment, assessment, or counseling of another person for a cognitive, behavioral, emotional, mental, or social dysfunction, including an intrapersonal or interpersonal dysfunction.
e. Patient or client means a person who receives mental health services from the counselor or therapist.
f. School employee means a practitioner as defined in section 272.1.
g. Student means a person who is currently enrolled in or attending a public or nonpublic elementary or secondary school, or who was a student enrolled in or who attended a public or nonpublic elementary or secondary school within thirty days of any violation of subsection 3.
2. Sexual exploitation by a counselor or therapist occurs when any of the following are found:
a. A pattern or practice or scheme of conduct to engage in any of the conduct described in paragraph b or c .
b. Any sexual conduct, with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client, which includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.
c. Any sexual conduct with a patient or client or former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the patient or client or former patient or client which includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.
Sexual exploitation by a counselor or therapist does not include touching which is part of a necessary examination or treatment provided a patient or client by a counselor or therapist acting within the scope of the practice or employment in which the counselor or therapist is engaged.
3. Sexual exploitation by a school employee occurs when any of the following are found:
a. A pattern or practice or scheme of conduct to engage in any of the conduct described in paragraph b .
b. Any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the school employee or the student. Sexual conduct includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.
Sexual exploitation by a school employee does not include touching that is necessary in the performance of the school employee s duties while acting within the scope of employment.
4. a. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph a , commits a class D felony.
b. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph b , commits an aggravated misdemeanor.
c. A counselor or therapist who commits sexual exploitation in violation of subsection 2, paragraph c , commits a serious misdemeanor. In lieu of the sentence provided for under section 903.1, subsection 1, paragraph b , the offender may be required to attend a sexual abuser treatment program.
5. a. A school employee who commits sexual exploitation in violation of subsection 3, paragraph a , commits a class D felony.
b. A school employee who commits sexual exploitation in violation of subsection 3, paragraph b , commits an aggravated misdemeanor.
91 Acts, ch 130, §2; 92 Acts, ch 1163, §119; 92 Acts, ch 1199, §2 6; 2003 Acts, ch 180, §65; 2004 Acts, ch 1086, §102
Sexual Exploitation by Counselor or Therapist
In sexual assault cases, some victims are legally considered to be more vulnerable and unable to consent to a sexual encounter in a free and voluntary way. For individuals undergoing therapy or counseling, they are particularly vulnerable to sexual approaches by their counselor or therapist.
Iowa Code section 709.15(2)(b ) criminalizes sexual conduct with an “emotionally dependent” patient or client, emphasizing the legislature’s intent to protect those who might potentially be exploited through that power relationship.
Iowa Code section 709.15(2)(c) also limits the time a counselor or therapist can be charged with exploiting a former patient or client to one year, again emphasizing that it is the power relationship and not the mere status of a counselor or therapist that the legislature intended to regulate.
A counselor or therapist who commits sexual exploitation in violation of Iowa Code section 709.15(2)(c) commits a serious misdemeanor. Iowa Code § 709.15(4)(c ). Section 709.15(2)(c) provides such a violation occurs when there is “[a]ny sexual conduct with a patient or client … for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the patient or client.” The Code defines “patient or client” as “a person who receives mental health services from the counselor or therapist.”
The Code defines “patient or client” as “a person who receives mental health services from the counselor or therapist.” Id. § 709.15(1)(e).
Definitions for Sexual Exploitation by a Counselor or Therapist
Iowa Code section 709.15 clearly states any person providing or purporting to provide mental health services is considered a “counselor or therapist.” Iowa Code § 709.15(1)(a ).
A “counselor or therapist” is defined by the Code as a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, member of the clergy, or any other person, whether or not licensed or registered by the state, who provides or purports to provide mental health services. Id. § 709.15(1)(a ) (emphasis added). “
‘Mental health service’ means the treatment, assessment, or counseling of another person for a cognitive, behavioral, emotional, mental, or social dysfunction, including an intrapersonal or interpersonal dysfunction.” Id. § 709.15(1)(d ). The crime does not include touching as part of a necessary examination or treatment provided in the scope of the counselor’s or therapist’s practice or employment. Id. § 709.15(2).
Elements of Pattern, Practice, Or Scheme of Sexual Exploitation
To prohibit sexual conduct between a counselor or therapist, the Iowa legislature created the criminal offense of “Pattern, Practice, Or Scheme of Sexual Exploitation” is a serious criminal offense under Iowa Code section 709.15(1)(f)(1). The elements of the felony of requires proof that:
- The defendant either:
- Kissed the victim; or
- Touched the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals of the victim; or
- Performed a sex act with the victim; or
- Engaged in a specify sexual conduct with the victim.
The term “Counselor or Therapist” is defined to include: a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, member of the clergy, or any other person, whether or not licensed or registered by the State, who provides or purports to provide mental health services.
For “Mental Health Service,” the State is required to prove that the defendant provided or purported to provide treatment, assessment, or counseling of another person for a cognitive, behavioral, emotional, mental or social dysfunction, including an intrapersonal or interpersonal dysfunction.
To prove that the victim of “Emotionally Dependent” the State must prove that the victim’s emotional condition or the nature of the treatment provided by the defendant was such that the defendant knew or had reason to know that the victim was significantly impaired in the ability to withhold consent to sexual conduct by the defendant.
Penalties under Iowa Code section 709.15
A violation of Iowa Code Section 709.15(a) is a Class D felony, punishable by up to five (5) years in Iowa State Prison.
A violation of Iowa Code Section 709.15(b) is an aggravated misdemeanor, which can result in up to two (2) years in prison. Keep in mind that charges for “Sexual Exploitation by a School Employee” are more serious D felony charges that are based upon school employee allegedly engaging in a “pattern or practice or scheme of conduct” to commit sexual contact with a student.
On the other hand, the alleged sexual conduct is charged as a less-serious Aggravated Misdemeanor.
The Statute of Limitations for Sexual Exploitation
The statute of limitations for the crime of sexual exploitation by a school employee, therapist, or counselor depends on whether the crime is charged under Iowa Code § 709.15 as either a Class D felony, an aggravated misdemeanor, or a serious misdemeanor.
For sexual exploitation by a counselor, therapist, or school employee committed on or with a victim under eighteen (18), the prosecution must commence within ten (10) years after victim attains eighteen (18) years of age; or
For any other sexual exploitation by school employee, therapist or counselor when the victim was over eighteen (18) years of age, the prosecution must commence within ten (10) years after victim was last treated by the counselor or therapist, or within ten (10) years after victim was enrolled in or attended the school.
The rules for the statute of limitations for this offense can be found in Iowa Code § 802.2A.
Attorney for Sex Crimes by Teachers, Counselors or Therapists
If you were charged with the crime of “Pattern, Practice, or Scheme of Sexual Exploitation” under Iowa Code section 709.15(1)(f)(1), then contact an experienced criminal defense attorney. This crime can be charged as either a Class D felony or an aggravated misdemeanor.
Find out what you need to do right now to protect yourself against this serious allegation. Call (515) 279-9700 today for a free consultation to discuss your case during a free and confidential consultation.
