Date: 09-13-2014

Case Style: State of Iowa v. Bryan Roche

Case Number:

Judge: Ian Thornhill

Court: Linn County, Iowa

Plaintiff's Attorney: Jerry Vander Sanden

Defendant's Attorney: Aaron Hamrock

Description: Cedar Rapids, IA - The State of Iowa charged Bryan Roche, age 22, of kidnapping, sexually assaulting and stabbing a 20-year-old woman in 2013.

Iowa law provides:

709.1 SEXUAL ABUSE DEFINED.

Any sex act between persons is sexual abuse by either of the
persons when the act is performed with the other person in any of the
following circumstances:
1. The act is done by force or against the will of the other. If
the consent or acquiescence of the other is procured by threats of
violence toward any person or if the act is done while the other is
under the influence of a drug inducing sleep or is otherwise in a
state of unconsciousness, the act is done against the will of the
other.
2. Such other person is suffering from a mental defect or
incapacity which precludes giving consent, or lacks the mental
capacity to know the right and wrong of conduct in sexual matters.
3. Such other person is a child.

Section History: Early Form

[C51, § 2581, 2583; R60, § 4204, 4206; C73, § 3861, 3863; C97, §
4756, 4758; C24, 27, 31, 35, 39, § 12966, 12967; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, § 698.1, 698.3; C79, 81, § 709.1]

Section History: Recent Form

84 Acts, ch 1188, § 1; 99 Acts, ch 159, §1
Referred to in § 611.23, 614.1, 668.15, 692A.101, 692A.102, 713.3,
915.40
Definition of sex act, § 702.17


709.2 SEXUAL ABUSE IN THE FIRST DEGREE.

A person commits sexual abuse in the first degree when in the
course of committing sexual abuse the person causes another serious
injury.
Sexual abuse in the first degree is a class "A" felony.

Section History: Early Form

[C51, § 2581; R60, § 4204; C73, § 3861; C97, § 4756; C24, 27, 31,
35, 39, § 12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
698.1; C79, 81, § 709.2]
Referred to in § 321.375, 664A.2, 692A.101, 692A.102, 709.19,
903B.10
Definition of forcible felony, § 702.11


709.3 SEXUAL ABUSE IN THE SECOND DEGREE.

A person commits sexual abuse in the second degree when the person
commits sexual abuse under any of the following circumstances:
1. During the commission of sexual abuse the person displays in a
threatening manner a dangerous weapon, or uses or threatens to use
force creating a substantial risk of death or serious injury to any
person.
2. The other person is under the age of twelve.
3. The person is aided or abetted by one or more persons and the
sex act is committed by force or against the will of the other person
against whom the sex act is committed.
Sexual abuse in the second degree is a class "B" felony.

Section History: Early Form

[C51, § 2581; R60, § 4204; C73, § 3861; C97, § 4756; C24, 27, 31,
35, 39, § 12966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
698.1; C79, 81, § 709.3]

Section History: Recent Form

84 Acts, ch 1188, § 2; 99 Acts, ch 159, §3
Referred to in § 321.375, 664A.2, 692A.101, 692A.102, 709.19,
901A.2, 902.12, 902.14, 903B.10, 906.15
Definition of forcible felony, § 702.11
Definition of sex act, §702.17


709.4 SEXUAL ABUSE IN THE THIRD DEGREE.

A person commits sexual abuse in the third degree when the person
performs a sex act under any of the following circumstances:
1. The act is done by force or against the will of the other
person, whether or not the other person is the person's spouse or is
cohabiting with the person.
2. The act is between persons who are not at the time cohabiting
as husband and wife and if any of the following are true:
a. The other person is suffering from a mental defect or
incapacity which precludes giving consent.
b. The other person is twelve or thirteen years of age.
c. The other person is fourteen or fifteen years of age and
any of the following are true:
(1) The person is a member of the same household as the other
person.
(2) The person is related to the other person by blood or
affinity to the fourth degree.
(3) The person is in a position of authority over the other
person and uses that authority to coerce the other person to submit.

(4) The person is four or more years older than the other person.

3. The act is performed while the other person is under the
influence of a controlled substance, which may include but is not
limited to flunitrazepam, and all of the following are true:
a. The controlled substance, which may include but is not
limited to flunitrazepam, prevents the other person from consenting
to the act.
b. The person performing the act knows or reasonably should
have known that the other person was under the influence of the
controlled substance, which may include but is not limited to
flunitrazepam.
4. The act is performed while the other person is mentally
incapacitated, physically incapacitated, or physically helpless.
Sexual abuse in the third degree is a class "C" felony.

Section History: Early Form

[C51, § 2581, 2583; R60, § 4204, 4206; C73, § 3861, 3863; C97, §
4756, 4758; C24, 27, 31, 35, 39, § 12966, 12967; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, § 698.1, 698.3; C79, 81, § 709.4]

Section History: Recent Form

89 Acts, ch 138, § 3; 94 Acts, ch 1128, §1; 97 Acts, ch 78, §1; 99
Acts, ch 159, §4
Referred to in § 321.375, 664A.2, 692A.101, 692A.102, 692A.121,
702.11, 709.19, 902.14, 903B.10, 906.15
Definition of forcible felony, see § 702.11
Definition of sex act, see § 702.17


709.5 RESISTANCE TO SEXUAL ABUSE.

Under the provisions of this chapter it shall not be necessary to
establish physical resistance by a person in order to establish that
an act of sexual abuse was committed by force or against the will of
the person. However, the circumstances surrounding the commission of
the act may be considered in determining whether or not the act was
done by force or against the will of the other.

Section History: Early Form

[C79, 81, § 709.5]

Section History: Recent Form

99 Acts, ch 159, §5


709.6 JURY INSTRUCTIONS FOR OFFENSES OF SEXUAL
ABUSE.

No instruction shall be given in a trial for sexual abuse
cautioning the jury to use a different standard relating to a
victim's testimony than that of any other witness to that offense or
any other offense.

Section History: Early Form

[C79, 81, § 709.6]


709.10 SEXUAL ABUSE -- EVIDENCE.

1. When an alleged victim of sexual abuse consents to undergo a
sexual abuse examination and to having the evidence preserved, a
sexual abuse evidence collection kit must be collected and properly
stored with the law enforcement agency under whose jurisdiction the
offense occurred or with the agency collecting the evidence to ensure
that the chain of custody is complete and sufficient.
2. If an alleged victim of sexual abuse has not filed a complaint
and a sexual abuse evidence collection kit has been completed, the
kit must be stored by the law enforcement agency for a minimum of ten
years. In addition, if the alleged victim does not want their name
recorded on the sexual abuse collection kit, a case number or other
identifying information shall be assigned to the kit in place of the
name of the alleged victim.

Section History: Recent Form

2004 Acts, ch 1055, §1

709.11 ASSAULT WITH INTENT TO COMMIT SEXUAL ABUSE.
Any person who commits an assault, as defined in section 708.1,
with the intent to commit sexual abuse is guilty of a class "C"
felony if the person thereby causes serious injury to any person and
guilty of a class "D" felony if the person thereby causes any person
a bodily injury other than a serious injury. The person is guilty of
an aggravated misdemeanor if no injury results.

Section History: Early Form

[81 Acts, ch 204, § 6]
Referred to in § 232.22, 692A.101, 692A.102, 709.19, 903B.10

710.1 KIDNAPPING DEFINED.
A person commits kidnapping when the person either confines a
person or removes a person from one place to another, knowing that
the person who confines or removes the other person has neither the
authority nor the consent of the other to do so; provided, that to
constitute kidnapping the act must be accompanied by one or more of
the following:
1. The intent to hold such person for ransom.
2. The intent to use such person as a shield or hostage.
3. The intent to inflict serious injury upon such person, or to
subject the person to a sexual abuse.
4. The intent to secretly confine such person.
5. The intent to interfere with the performance of any government
function.

Section History: Early Form

[C51, § 2588; R60, § 4211; C73, § 3869; C97, § 4765; S13, §
4750-b; C24, 27, 31, 35, 39, § 12981, 12983; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, § 706.1, 706.3; C79, 81, § 710.1]
Referred to in § 229A.2


710.2 KIDNAPPING IN THE FIRST DEGREE.
Kidnapping is kidnapping in the first degree when the person
kidnapped, as a consequence of the kidnapping, suffers serious
injury, or is intentionally subjected to torture or sexual abuse.
Kidnapping in the first degree is a class "A" felony.
For purposes of determining whether the person should register as
a sex offender pursuant to the provisions of chapter 692A, the fact
finder shall make a determination as provided in section 692A.126.


Section History: Early Form

[C51, § 2588; R60, § 4211; C73, § 3869; C97, § 4765; C24, 27, 31,
35, 39, § 12981; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
706.1; C79, 81, § 710.2]

Section History: Recent Form

2009 Acts, ch 119, §55
Referred to in § 692A.102, 692A.126
Definition of forcible felony, § 702.11


710.3 KIDNAPPING IN THE SECOND DEGREE.
Kidnapping where the purpose is to hold the victim for ransom or
where the kidnapper is armed with a dangerous weapon is kidnapping in
the second degree. Kidnapping in the second degree is a class "B"
felony.
For purposes of determining whether the person should register as
a sex offender pursuant to the provisions of chapter 692A, the fact
finder shall make a determination as provided in section 692A.126.


Section History: Early Form

[C51, § 2588; R60, § 4211; C73, § 3869; C97, § 4765; S13, §
4750-b; C24, 27, 31, 35, 39, § 12981, 12983; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, § 706.1, 706.3; C79, 81, § 710.3]

Section History: Recent Form

2009 Acts, ch 119, §56
Referred to in § 692A.102, 692A.126, 902.12
Definition of forcible felony, § 702.11


710.4 KIDNAPPING IN THE THIRD DEGREE.
All other kidnappings are kidnappings in the third degree.
Kidnapping in the third degree is a class "C" felony.
For purposes of determining whether the person should register as
a sex offender pursuant to the provisions of chapter 692A, the fact
finder shall make a determination as provided in section 692A.126.


Section History: Early Form

[C51, § 2588; R60, § 4211; C73, § 3869; C97, § 4765; C24, 27, 31,
35, 39, § 12981; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
706.1; C79, 81, § 710.4]

Section History: Recent Form

2009 Acts, ch 119, §57
Referred to in § 692A.102, 692A.126
Definition of forcible felony, § 702.11









708.1 ASSAULT DEFINED.
An assault as defined in this section is a general intent crime.
A person commits an assault when, without justification, the person
does any of the following:
1. Any act which is intended to cause pain or injury to, or which
is intended to result in physical contact which will be insulting or
offensive to another, coupled with the apparent ability to execute
the act.
2. Any act which is intended to place another in fear of
immediate physical contact which will be painful, injurious,
insulting, or offensive, coupled with the apparent ability to execute
the act.
3. Intentionally points any firearm toward another, or displays
in a threatening manner any dangerous weapon toward another.
Provided, that where the person doing any of the above enumerated
acts, and such other person, are voluntary participants in a sport,
social or other activity, not in itself criminal, and such act is a
reasonably foreseeable incident of such sport or activity, and does
not create an unreasonable risk of serious injury or breach of the
peace, the act shall not be an assault.
Provided, that where the person doing any of the above enumerated
acts is employed by a school district or accredited nonpublic school,
or is an area education agency staff member who provides services to
a school or school district, and intervenes in a fight or physical
struggle, or other disruptive situation, that takes place in the
presence of the employee or staff member performing employment duties
in a school building, on school grounds, or at an official school
function regardless of the location, the act shall not be an assault,
whether the fight or physical struggle or other disruptive situation
is between students or other individuals, if the degree and the force
of the intervention is reasonably necessary to restore order and to
protect the safety of those assembled.

Section History: Early Form

[C51, § 2594, 2597; R60, § 4217, 4220; C73, § 3875, 3878, 3879;
C97, § 4771, 4774, 4775; S13, § 4771; C24, 27, 31, 35, 39, § 12929,
12930, 12934; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 694.1,
694.2, 694.6; C79, 81, § 708.1]

Section History: Recent Form

95 Acts, ch 191, § 49; 2002 Acts, ch 1094, §1
Referred to in § 135.108, 232.52, 236.2, 282.4, 707.2, 708.2,
708.2A, 708.2B, 708.2C, 708.3, 708.3A, 708.3B, 709.11, 719.1, 724.8,
724.15, 907.3


708.2 PENALTIES FOR ASSAULT.
1. A person who commits an assault, as defined in section 708.1,
with the intent to inflict a serious injury upon another, is guilty
of an aggravated misdemeanor.
2. A person who commits an assault, as defined in section 708.1,
and who causes bodily injury or mental illness, is guilty of a
serious misdemeanor.
3. A person who commits an assault, as defined in section 708.1,
and uses or displays a dangerous weapon in connection with the
assault, is guilty of an aggravated misdemeanor. This subsection
does not apply if section 708.6 or 708.8 applies.
4. A person who commits an assault, as defined in section 708.1,
and who causes serious injury, is guilty of a class "D" felony.
5. A person who commits an assault, as defined in section 708.1,
and who uses any object to penetrate the genitalia or anus of another
person, is guilty of a class "C" felony.
6. Any other assault, except as otherwise provided, is a simple
misdemeanor.

Section History: Early Form

[C51, § 2593--2595, 2597; R60, § 4216--4218, 4220; C73, §
3874--3876, 3878, 3879; C97, § 4770--4772, 4774, 4775; C24, 27, 31,
35, 39, § 12929--12935; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
§ 694.1--694.7; C79, 81, § 708.2; 81 Acts, ch 204, § 3]

Section History: Recent Form

87 Acts, ch 154, §8; 98 Acts, ch 1026, §1; 99 Acts, ch 65, §3;
2003 Acts, ch 132, §2
Referred to in § 232.22, 708.2A, 907.3
Definition of forcible felony, §702.11



708.2C ASSAULT IN VIOLATION OF INDIVIDUAL RIGHTS --
PENALTIES.
1. For the purposes of this chapter, "assault in violation of
individual rights" means an assault, as defined in section 708.1,
which is a hate crime as defined in section 729A.2.
2. A person who commits an assault in violation of individual
rights, with the intent to inflict a serious injury upon another, is
guilty of a class "D" felony.
3. A person who commits an assault in violation of individual
rights, and who causes bodily injury or mental illness, is guilty of
an aggravated misdemeanor.
4. A person who commits an assault in violation of individual
rights and uses or displays a dangerous weapon in connection with the
assault, is guilty of a class "D" felony.
5. Any other assault in violation of individual rights, except as
otherwise provided, is a serious misdemeanor.

Section History: Recent Form

92 Acts, ch 1157, § 3; 95 Acts, ch 90, § 2
Referred to in § 729A.2

708.4 WILLFUL INJURY.
Any person who does an act which is not justified and which is
intended to cause serious injury to another commits the following:
1. A class "C" felony, if the person causes serious injury to
another.
2. A class "D" felony, if the person causes bodily injury to
another.

Section History: Early Form

[C51, § 2577, 2594; R60, § 4200, 4217; C73, § 3857, 3875; C97, §
4752, 4771, 4797; S13, § 4771; C24, 27, 31, 35, 39, § 12928, 12934,
12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 693.1, 694.6,
697.2; C79, 81, § 708.4]

Section History: Recent Form

99 Acts, ch 65, §5
Referred to in § 80A.4, 702.11

Outcome: The Defendant was found guilty and faces life in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: