Iowa Code 622.31A – Evidence — victims of sexual abuse
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Terms Used In Iowa Code 622.31A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Rule: includes "regulation". See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
622.31A Evidence — victims of sexual abuse.
1. The provision of rule of evidence 5.412 involving a victim of sexual abuse shall apply to discovery conducted in a criminal case or in a postconviction relief proceeding under chapter
822 including but not limited to depositions.
2. If a defendant in a criminal action or an applicant for postconviction relief wishes to
conduct discovery involving evidence subject to rule of evidence 5.412, the defendant or
applicant shall comply with substantially the same procedural requirements for evidence
sought to be offered at trial including timelines, offers of proof, service, purpose of proposed
discovery, in camera hearings, relevancy, and the balancing of the probative value of the
evidence with the danger of unfair prejudice.
3. Discovery, by deposition or otherwise, shall not be permitted for evidence that would
not be admissible at trial under rule of evidence 5.412.
2022 Acts, ch 1095, §1
Admissibility of victim’s sexual conduct in civil actions, see §668.15
1. The provision of rule of evidence 5.412 involving a victim of sexual abuse shall apply to discovery conducted in a criminal case or in a postconviction relief proceeding under chapter
822 including but not limited to depositions.
2. If a defendant in a criminal action or an applicant for postconviction relief wishes to
conduct discovery involving evidence subject to rule of evidence 5.412, the defendant or
applicant shall comply with substantially the same procedural requirements for evidence
sought to be offered at trial including timelines, offers of proof, service, purpose of proposed
discovery, in camera hearings, relevancy, and the balancing of the probative value of the
evidence with the danger of unfair prejudice.
3. Discovery, by deposition or otherwise, shall not be permitted for evidence that would
not be admissible at trial under rule of evidence 5.412.
2022 Acts, ch 1095, §1
Admissibility of victim’s sexual conduct in civil actions, see §668.15