Iowa Code » Chapter 709 — SEXUAL ABUSE
Iowa Code

Iowa Code § 709.5 (2026)

Resistance to sexual abuse

✓ current as of July 2026
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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. [C79, 81, §709.5] 99 Acts, ch 159, §5

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Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1957–2025 · leading case: State of Iowa v. Randy Scott Meyers, 799 N.W.2d 132 (Iowa 2011).
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State of Iowa v. Randy Scott Meyers, 799 N.W.2d 132 (Iowa 2011). · cites it 4× “” Iowa Code § 709.5 . Thus, nonconsent under the “against the will” language of section 709.”
State v. Kittelson, 164 N.W.2d 157 (Iowa 1969). · cites it 8× “Larceny in the daytime, Code, section 709.5 was not submitted. The jury found defendant guilty of larceny in the nighttime.”
State v. Bauer, 324 N.W.2d 320 (Iowa 1982). · cites it 6× “The trial court submitted the case on an improper standard of proof concerning consent, contrary to the provisions of Iowa Code section 709.5. 2. The trial court erred in admitting evidence of a defendant’s prior arrests.”
State v. Bolsinger, 709 N.W.2d 560 (Iowa 2006). · cites it 4× “) The court stated that its authority for giving this instruction was found in Iowa Code section 709.5, which provides: 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…”
State v. Christensen, 414 N.W.2d 843 (Iowa Ct. App. 1987). · cites it 4× “The supreme court began its analysis of this claim by noting Iowa Code section 709.5 (1979) which provides as follows: Under the provisions of this chapter it shall not be necessary to establish physical resistance by a participant in order to establish that an act of sexual…”
State v. Stevens, 289 N.W.2d 592 (Iowa 1980). · cites it 2× “Section 709.5 in the chapter on sexual abuse provides: Under the provisions of this chapter it shall not be necessary to establish physical resistance by a participant in order to establish that an act of sexual abuse was committed by force or against the will of the participant.”
State v. Wright, 191 N.W.2d 638 (Iowa 1971). · cites it 2× “Defendant was charged with the crime of larceny in violation of section 709.5, The Code. Upon trial to a jury he was convicted and thereafter sentenced to a term of not more than five years in the Men’s Reformatory.”
State v. Shilinsky, 81 N.W.2d 444 (Iowa 1957). · cites it 2× “The trial court stated when the defendant was brought in for resentencing on April 13 that he had overlooked the fact that section 709.5, for violation of which defendant was convicted, does not provide for a jail term.”
State v. Burgs, 479 N.W.2d 323 (Iowa 1992). · cites it 2× “See Iowa Code §§ 709.5 (1976), 711.2 (1989). First-degree robbery is a forcible felony.”
State v. Sallis, 238 N.W.2d 799 (Iowa 1976). “Defendant appeals his conviction and sentence for larceny in violation of § 709.5, The Code. He contends the State’s evidence was insufficient to negative his defense of alibi and was insufficient in any event to establish the elements of the offense because it consisted of the…”
State v. Vander Esch, 662 N.W.2d 689 (Iowa Ct. App. 2002). · cites it 8× “The district court looked at section 709.5, which states, “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.”
State v. Hamilton, 179 N.W.2d 369 (Iowa 1970). · cites it 4× “Defendant was convicted of the crime of larceny from a building in the daytime in violation of section 709.5, Code, 1966. On conviction he was sentenced to serve a term of not more than five years in the penitentiary, and appeals from such judgment.”
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