Iowa Code 709.22 – Prevention of further sexual assault — notification of rights
Current as of: 2023 | Check for updates
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1. If a peace officer has reason to believe that a sexual assault as defined in section 915.40 has occurred, the officer shall use all reasonable means to prevent further violence including but not limited to the following:
a. If requested, remaining on the scene of the alleged sexual assault as long as there is a danger to the victim’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit or residence when it is the scene of the alleged sexual assault, or if unable to remain on the scene, assisting the victim in leaving the scene.
b. Assisting a victim in obtaining medical treatment necessitated by the sexual assault, including providing assistance to the victim in obtaining transportation to the emergency room of the nearest hospital.
c. Providing a victim with immediate and adequate notice of the victim’s rights. The notice shall consist of handing the victim a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following statement of rights written in English and Spanish; asking the victim to read the document; and asking whether the victim understands the rights:
[1] You have the right to ask the court for help with any of the following on a temporary basis: [a] Keeping your attacker away from you, your home, and your place of work. [b] The right to stay at your home without interference from your attacker. [c] The right to seek a no-contact order under section 664A.3 or 915.22, if your attacker is arrested for sexual assault. [2] You have the right to register as a victim with the county attorney under section 915.12. [3] You have the right to file a complaint for threats, assaults, or other related crimes. [4] You have the right to seek restitution against your attacker for harm to you or your property. [5] You have the right to apply for victim compensation. [6] You have the right to contact the county attorney or local law enforcement to determine the status of your case. [7] If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you. [8] You have the right to a sexual assault examination performed at state expense. [9] You have the right to request the presence of a victim counselor, as defined in section 915.20A, at any proceeding related to an assault including a medical examination. [10] If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and other affected parties can leave or until safety is otherwise ensured.
Terms Used In Iowa Code 709.22
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. A peace officer is not civilly or criminally liable for actions taken in good faith pursuant to this section.