IOWA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
Summary: The civil SOL is age nineteen against all defendants, with some limited rules for abuse by a counselor, instructor, or school employee, and a discovery rule of two to four years.
CIVIL SOL SNAPSHOT
AGE CAP |
AGE 19 |
REVIVAL LAW |
NONE |
DISCOVERY TOLLING |
2-4 YEARS |
Changes Since 2002:
Age Cap |
|
1990 |
Age 19 (age of majority, 18, plus 1 year). The later of 5 years from the last treatment or age 19 (age of majority, 18, plus 1 year) for sexual abuse/exploitation by a counselor or therapist.[i] |
2003 |
Extended the SOL for sexual abuse/exploitation by a school employee to the later of 5 years from the last treatment or the last date victim attended school, or age 19 (age of majority, 18, plus 1 year).[ii] |
2021 |
Extended the SOL for sexual abuse/exploitation by an adult providing training or instruction to the later of 5 years from the last treatment or the last date victim attended school, or age 19 (age of majority, 18, plus 1 year).[iii] Also added a civil remedy for disclosure of private, sexually explicit images without consent and set the SOL at age 19 against all defendants.[iv] |
Revival Law |
|
N/A |
No window or other SOL revival law. |
Discovery |
|
Common Law |
In 1990, Iowa recognized a common law discovery rule of 2 years for CSA.[v] This discovery rule delays accrual of a cause of action until a person discovers or reasonably should have discovered the “nexus” between “some specific act or acts of sexual abuse” and “the claimed injuries.”[vi] The common law discovery rule is applicable to claims against all defendants—including some government entities.[vii] |
Statutory |
Iowa added a statutory discovery rule in 1990 for CSA victims abused while under age fourteen.[viii] It gives these victims 4 years to file a claim “from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.”[ix] The statutory discovery rule applies to claims against perpetrators, individuals, and institutions, but not against some government entities.[x] In 2021 Iowa added a statutory cause of action for disclosure of private, sexually explicit images without consent and set the SOL for claims at 4 years from discovery or reasonable discovery of the disclosure, or age nineteen, whichever is later – against all defendants.[xi] |
[i] Iowa Code §§ 614.8 (1990) (majority tolling), 614.1 (1990) (SOL).
[ii] Iowa Code §§ 614.8 (2003) (majority tolling), 614.1 (2003) (SOL); 2003 Iowa Legis. Serv. Ch. 180 (H.F. 549).
[iii] Iowa Code §§ 614.8 (2021) (majority tolling), 614.1 (2021) (SOL); 2021 Iowa Legis. Serv. Ch. 102 (S.F. 562).
[iv] Iowa Code §§ 659A.3 (2021) (cause of action), 659A.7 (2021) (SOL); 2021 Iowa Legis. Serv. Ch. 56 (H.F. 233).
[v] See Doe v. Cherwitz, 518 N.W.2d 362, 363–64 (Iowa 1994) (applying common law discovery rule for adult sex abuse claim); Callahan v. State, 464 N.W.2d 268, 272 (Iowa 1990) (applying common law discovery rule in case against the state for child sex abuse under the Tort Claims Act).
[vi] Frideres v. Schiltz, 540 N.W.2d 261, 269 (Iowa 1995) (holding discovery rule is available for victim of child sex abuse who has always remembered some specific acts of abuse); Woodroffe v. Hasenclever, 540 N.W.2d 45, 49 (Iowa 1995) (clarifying inquiry notice considerations in application of common law discovery rule). See also Schlichte v. Schlichte, 828 N.W.2d 632 (Iowa Ct. App. 2013) (discussing inquiry notice).
[vii] See Callahan, supra note 336, at 272 (applying discovery rule to claims against the state under section 669 of the state Tort Claims Act). But cf. Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347, 360 (Iowa 2014) (finding “common law discovery rule does not apply to actions under the pre–2007 [Iowa Municipal Tort Claims Act]” against school district).
[viii] Frideres, supra note 337, at 267 (finding that the discovery rule found in Iowa Code section 614.8A applies to sexual abuse of a child, which means a child under age fourteen).
[ix] Iowa Code § 614.8A.
[x] Buszka v. Iowa City Cmty. Sch. Dist., 898 N.W.2d 202 (Iowa Ct. App. 2017) (concluding that the statutory discovery rule in Iowa Code section 614.8A is inapplicable to municipal tort claims against school district).
[xi] Iowa Code §§ 659A.3 (cause of action), 659A.7 (SOL); 2021 Iowa Legis. Serv. Ch. 56 (H.F. 233).
CURRENT IOWA CIVIL LAW
Iowa Code § 614.1 - Period
Iowa Code § 614.8A - Damages for child sexual abuse--time limitation
An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
Iowa Code § 614.8 - Minors and persons with mental illness
1. The times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of persons with mental illness, so that they shall have one year from and after the termination of the disability within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.
2. Except as provided in section 614.1, subsection 9, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.
Case law
CURRENT CRIMINAL SOL
Summary: There is no criminal SOL for all CSA felonies and misdemeanors, including sex abuse, trafficking and exploitation.
CRIMINAL SOL SNAPSHOT
SEXUAL ABUSE OF A MINOR |
NO SOL |
TRAFFICKING |
NO SOL |
Changes Since 2002:
Age Cap |
|
2002 |
Age 28 (age of majority, 18, plus 10 years) for first, second, and third-degree sexual abuse, incest, and sexual exploitation.[i] |
2005 |
Enacted a DNA discovery rule, which extends the SOL for first, second, and third-degree sexual abuse to 3 years after the date the alleged perpetrator is identified via DNA.[ii] |
2014 |
Extended the SOL for other sexual offenses to age 28.[iii] |
2016 |
Extended the SOL for sex trafficking to age 28 with a 3-year DNA discovery rule.[iv] |
2019 |
Extended the SOL for sexual abuse of a minor, incest and sexual exploitation to age 33 (age of majority, 18, plus 15 years).[v] |
2021 |
Eliminated the SOL for all CSA felonies and misdemeanors, including sexual abuse, incest, exploitation, trafficking and other sexual offenses.[vi] |
[i] Iowa Code §§ 802.2 (2002) (sexual abuse SOL), 802.2A (2002) (incest SOL).
[ii] Iowa Code §§ 802.2 (2005) (sexual abuse SOL), 802.2A (2005) (incest SOL).
[iii] Iowa Code § 802.2B (2014) (other sexual offenses SOL).
[iv] Iowa Code § 802.2D (2016) (human trafficking SOL).
[v] Iowa Code §§ 802.2 (2019) (sexual abuse SOL), 802.2A (2019) (incest SOL) ; 2019 Iowa Legis. Serv. Ch. 140 (S.F. 589).
[vi] Iowa Code §§ 802.2 (2021) (sexual abuse SOL), 802.2A (2021) (incest SOL), 802.2B (2021) (other sexual offenses SOL), 802.2D (2021) (human trafficking SOL); 2021 Iowa Legis. Serv. Ch. 102 (S.F. 562).
CURRENT IOWA CRIMINAL LAW
Iowa Code §§ 802.2 - Sexual abuse--first, second, or third degree
1. An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within fifteen years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
2. An information or indictment for any other sexual abuse in the first, second, or third degree shall be found within ten years after its commission, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
As used in this section, “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.
Iowa Code § 802.2A - Incest--sexual exploitation by a counselor, therapist, or school employee
- An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen shall be found within fifteen years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other incest shall be found within ten years after its commission.
An indictment or information for sexual exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age of eighteen shall be found within fifteen years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.
Iowa Code § 802.2B - Other Sexual Offenses
An information or indictment for the following offenses committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later:
- Lascivious acts with a child in violation of section 709.8.
- Assault with intent to commit sexual abuse in violation of section 709.11.
- Indecent contact with a child in violation of section 709.12.
- Lascivious conduct with a minor in violation of section 709.14.
- Sexual misconduct with a juvenile in violation of section 709.16, subsection 2.
- Child endangerment in violation of section 726.6, subsection 4, 5, or 6.
- Sexual exploitation of a minor in violation of section 728.12.
Iowa Code § 802.2D - Human Trafficking
An information or indictment for human trafficking in violation of section 710A.2, committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Iowa SOL in a particular case, contact a lawyer in the state.
Last Updated: June 28, 2022
