Relating to the discovery of evidence in a criminal or postconviction relief action involving victims of sexual abuse

Description

House File 2239 applies the provisions of rule of evidence 5.412, relating to the victim’s past sexual behavior in sexual abuse cases, to discovery conducted in a criminal case or in a postconviction relief proceeding, including depositions. The Bill also applies substantially the same procedural requirements of evidence to be offered at trial to discovery involving evidence subject to rule of evidence 5.412.

The Bill also relates to the admissibility of evidence in the prosecution for physical abuse or a sexual offense upon or against a child, a person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability. The Bill creates a new exception to the hearsay rule in such cases by allowing testimony by the victim concerning an out-of-court statement made by the victim to another person that is an initial disclosure of the offense and by allowing testimony by another person concerning an out-of-court statement made by the victim that is an initial disclosure of an offense charged for physical abuse or a sexual offense against the victim.

Background

In Iowa’s Rules of Evidence, rule 5.412 relates to sexual abuse cases and the victim’s past sexual behavior. According to the rule, the following evidence is not admissible in criminal cases, with some exceptions: reputation or opinion evidence offered to prove that a victim engaged in other sexual behavior, and evidence of a victim’s other sexual behavior other than reputation or opinion evidence.

However, the court may admit the following in a criminal case:

• Evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence.
• Evidence of specific instances of a victim’s sexual behavior with respect to the person accused of sexual abuse, if the defendant offers it to prove consent.
• Evidence whose exclusion would violate the defendant’s constitutional rights. Rule 5.412 lays out the procedure to determine admissibility for these exceptions, which includes filing a motion to offer the evidence at least 14 days before trial and conducting a hearing in camera to determine if the evidence is admissible.

According to Iowa’s Rules of Evidence, hearsay is a statement that the declarant does not make while testifying at the current trial or hearing that a party offers into evidence to prove the truth of the matter asserted in the statement. Hearsay is not admissible in court unless the Iowa Constitution, a statute, the Iowa Rules of Evidence, or an Iowa Supreme Court rule provides an exception.

Assumptions

• The provisions of HF 2239 related to rule of evidence 5.412 could impact the Office of the State Public Defender in cases in which sexual abuse is charged and contested, including pretrial, trial, posttrial, and postconviction proceedings.
• The Bill provides that the rules of evidence as to admissibility also apply at the discovery stage, which could increase attorney time for State Public Defender attorneys and contract attorneys.
• The provisions of the Bill related to a new exception to the hearsay rule allow additional evidence to be used against a person accused of certain physical abuse offenses or sexual offenses.
• The Bill could increase the number of charges for physical abuse and sexual offenses that are prosecuted.
• The provisions of the Bill related to the hearsay rule may cause the Office of the State Public Defender to provide indigent defense in an increased number of cases.

Fiscal Impact

The fiscal impact of HF 2239 to the Office of the State Public Defender cannot be determined at this time due to a lack of data. However, the impact of the provisions related to rule of evidence 5.412 to indigent defense costs is likely to be significant. This will affect the State Public Defender operating budget and the Indigent Defense Fund, which are both funded through the General Fund. The impact of the provision related to a new exception to the hearsay rule will also likely impact indigent defense costs by increasing the number of cases the State Public Defender will provide indigent defense for. Table 1 provides the increase in cost of this provision to the Indigent Defense Fund for an additional offense charged against an indigent defendant for each offense class.

Table 1 — Cost to Indigent Defense Fund Per Additional Case

Sources

• Office of the State Public Defender
• Legislative Services Agency