As April is Sexual Assault Awareness Month, the Washington County Attorney’s Office wishes to inform of a recent case that was dismissed in the county.

On October 16, 2020, the county attorney’s office filed an indictment against 42-year-old Justin Lee Jaspering, charging him with indecent exposure, a serious misdemeanor, for allegedly exposing his genitals to a minor on May 1st, 2017. The minor lives with various disabilities and is nonverbal, but a witness was able to provide enough information about the situation to bring the charge, according to County Attorney John Gish. In court, Jaspering’s attorney claimed the evidence was insufficient to show the child was “unwilling” to see Jaspering’s genitals. The court sided with Jaspering, as Iowa courts have required the State to prove a victim is “offended” by a perpetrator exposing their genitals to them.

Gish says since the victim couldn’t articulate whether they were offended, they were forced to dismiss the case on April 9th. He adds that he looks forward to working with local legislators in order to make necessary changes to Iowa Code and recognize some victims who because of age or disability, cannot articulate being offended or may not know they should be offended. Gish has been working with the Rape Victim Advocacy Program to promote Sexual Assault Awareness Month, and those who have been directly or indirectly affected by sexual assault can find resources here.