1. In a civil action alleging conduct which constitutes sexual abuse, as defined in section 709.1, sexual assault, or sexual harassment, a party seeking discovery of information concerning the plaintiff’s sexual conduct with persons other than the person who committed the alleged act of sexual abuse, as defined in section 709.1, sexual assault, or sexual harassment, must establish specific facts showing good cause for that discovery, and that the information sought is relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence.
2. In an action against a person accused of sexual abuse, as defined in section 709.1, sexual assault, or sexual harassment, by an alleged victim of the sexual abuse, sexual assault, or sexual harassment, for damages arising from an injury resulting from the alleged conduct, evidence concerning the past sexual behavior of the alleged victim is not admissible. 89 Acts, ch 138, §1; 90 Acts, ch 1241, §1 \n
Notes of Decisions
Jane Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347 (Iowa 2014).
· cites it 8× “The underlying legislation consisted of two sections. The first section amended an existing law that limited evidence of the alleged victim’s prior sexual conduct in civil actions relating to sexual abuse.”
Weiss v. Amoco Oil Co., 142 F.R.D. 311 (S.D. Iowa 1992).
· cites it 12× “15(1) places limits and restrictions on the discovery of a plaintiff’s sexual conduct in sexual abuse and sexual harassment cases, it is not a prophylactic rule which restricts such discovery in all civil cases.”
Doe v. Cherwitz, 518 N.W.2d 362 (Iowa 1994).
· cites it 2× “The first section of that Act, now found in Iowa Code section 668.15, is not directly involved in this case.”
Est. of Kraus v. Mummau (Iowa Ct. App. 2018).
· cites it 4× “Her attorney stated evidence of Kraus’s sexual conduct with persons other than Mummau, the person who committed the sexual abuse, was not subject to discovery under section 668.15, and instructed Kraus not to answer questions on the issue.”
— Iowa Code § 668.15(1) — 1 case
Weiss v. Amoco Oil Co., 142 F.R.D. 311 (S.D. Iowa 1992).
“15(1) places limits and restrictions on the discovery of a plaintiff’s sexual conduct in sexual abuse and sexual harassment cases, it is not a prophylactic rule which restricts such discovery in all civil cases.”
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