District 39 State Senator Kevin Kinney (D) is showing support for a new bill that would help protect victims of sexual assault in Iowa courts.
Introduced in early January 2022, Senate File 2253 would require the rules of evidence be applied to asking about a victim’s past sexual behavior in pretrial proceedings including depositions. Senator Kinney explains that he wants to stop attorneys who use the tactic of bringing up parts of the victim’s past that have nothing to do with the case to intimidate or harass them to not take legal action against their abusers, “It is not allowing defense attorneys in depositions and post conviction release to bring in past sexual history. It’s allowing a person to be able to not be shamed by a defense attorney who basically I feel is going on [a] ‘fishing expedition.’”
The Iowa Coalition Against Sexual Assault and Iowa County Attorneys Association have filed in favor of the bill, while the Iowa State Bar Association and the Iowa Department of Public Safety have declared as undecided. Other bills related to sexual assault criminal proceedings being considered at the Capitol this year would give greater exceptions those testifying to what a sexual assault victim has disclosed to them (Senate Study Bill 3016), and prevent suspects from posting bail until they have had an initial court appearance and a judge can file a temporary no-contact order (House Bill 2079).