If you were the victim of sexual abuse or assault, either as a child or an adult, you have the right to bring a civil lawsuit against both your abuser and any school, company, or organization that might be liable for the abuse.

In this post, we will provide a brief overview of sexual abuse lawsuits in Iowa. We will explain the applicable statute of limitations for sex abuse civil cases in Iowa and the potential settlement value of these cases.

• Get Iowa sex abuse lawsuit news and updates
• Iowa’s sex abuse statute of limitations gets a poor grade

What Qualifies as Sexual Abuse in Iowa?

The legal definition of sexual abuse or sexual assault in Iowa is essentially the same as it is in other states. Under Iowa law, any form of unwanted and intentional sexual touching or contact can qualify as sex abuse. The touching can be considered “sexual” when it involves a person’s intimate body parts.

As a practical matter, sex abuse can range from groping to forcible rape. The two key elements that must be present to meet the definition of sexual abuse are: (1) physical touching and (2) lack of consent.

The first element of sex abuse is physical touching. To constitute sexual abuse or assault, there must be actual physical contact of a sexual nature. Verbal sexual harassment is not enough under Iowa law.

The second element of sexual abuse or assault is the absence of consent. Lack of consent is the key element that defines all categories of sexual assault. If the sexual touching is not consensual, it is automatically abuse or assault.

Minors (anyone under the age of 18) lack the legal capacity to give consent. This means that any sexual touching by an adult with a minor is necessarily considered
sexual abuse under Iowa law.

Bottom line: If there is unwanted physical sexual contact and a lack of consent, it qualifies as sexual abuse under Iowa law. And if a minor is involved, consent is not even a factor—it is automatically abuse.

Filing a Civil Lawsuit for Sexual Abuse in Iowa

Iowa law enables victims of sex abuse to bring civil lawsuits and seek financial compensation. A victim has a right to file a civil lawsuit at any time, and it is not contingent on whether the victim pressed criminal charges or whether the abuser was convicted. Even if the victim never reported the abuse to the police when it happened, they can still file a civil lawsuit.

Victims can bring civil lawsuits for sexual battery as long as they have the courage to testify under oath about the facts of the alleged sexual abuse or assault. The victim’s testimony can also be bolstered by additional evidence such as medical records or fact testimony from other witnesses.

If you file a sexual abuse lawsuit in Iowa, the civil case will be public record. However, victims who file sex abuse lawsuits can keep their names and identity confidential. Iowa’s court rules allow victims in these sensitive cases to use “Jane Doe” or initials in the court filings for privacy purposes. This means that people cannot go on the internet and easily find out the details of your case.

Holding Third-Party Defendants Liable for Sexual Abuse

When a survivor of sexual abuse seeks justice through the legal system, the most obvious defendant is the individual perpetrator. However, suing the abuser alone is often not enough. Many abusers are deceased, incarcerated, or lack the financial resources to compensate victims. This is why the most effective legal strategy focuses on third-party defendants—institutions and entities that enabled, ignored, or failed to prevent the abuse.

The Role of Third Parties in Sexual Abuse Lawsuits

Schools, churches, counseling centers, and other organizations have a legal and ethical duty to protect individuals from sexual exploitation. When these institutions fail in that duty—whether by turning a blind eye to known predators or neglecting to implement proper safeguards—they can be held liable in court. Under Iowa law, for instance, cases involving sexual exploitation by a school employee or sexual exploitation by a counselor or therapist can be pursued against the institution that failed to intervene.

Proving Negligence in a Sexual Abuse Lawsuit

To hold a third party liable, plaintiffs must prove that the organization:

• Knew or should have known about the abuse or the risk of abuse.
• Failed to take reasonable action to prevent the abuse.
• Allowed the abuser continued access to victims despite warning signs.

Why Suing Institutions Matters

Unlike individual perpetrators, large institutions have insurance policies and financial resources that can provide meaningful compensation for victims. Pursuing claims against third parties not only holds them accountable but also forces systemic change—ensuring stronger protections against sexual abuse and exploitation in the future.

Iowa Juvenile Detention Center Sex Abuse Lawsuits

Iowa has recently found itself defending lawsuits regarding sexual abuse of inmates in its juvenile detention centers, bringing significant scrutiny to what appears to be a widespread problem of sexual abuse and failure to protect juveniles in state custody. These lawsuits allege that staff members at Iowa juvenile detention facilities frequently victimize the juveniles under their care and control.

The lawsuits also indicate that the state of Iowa has been negligent in failing to properly investigate allegations of abuse, failing to properly screen staff members before hiring them, and failing to enact policies and procedures to protect juvenile inmates from abuse.

The primary juvenile detention center facilities in the state of Iowa that have been or could be named or involved in sexual abuse lawsuits include:

• Central Iowa Juvenile Detention – Eldora, IA
• North Iowa Juvenile Detention Services – Waterloo, IA
• Central Iowa Juvenile Detention Center – Des Moines, IA

Many counties in Iowa also operate their own local juvenile detention facilities. Anyone who was a victim of sexual abuse as a juvenile inmate in Iowa may be entitled to file a juvenile detention sex abuse lawsuit and get compensation.

Residential Treatment Facility Sex Abuse

Victims’ lawyers are focusing their attention on abuse and neglect occurring in several residential treatment facilities across Iowa. These lawsuits are grounded in the findings of federal investigations, including those spearheaded by Congress and various child welfare organizations, that have brought to light a disturbing pattern of misconduct. The investigations revealed instances of physical and sexual abuse, neglect, and other forms of mistreatment within facilities funded by taxpayer dollars, including Medicaid and child welfare programs, sparking a call for greater oversight and accountability.

In Iowa, the following facilities operated by Universal Health Services (UHS), Acadia Healthcare, and other behavioral health organizations, are under scrutiny for allegations of abuse and neglect. Both UHS and Acadia Healthcare operate hundreds of behavioral health facilities across the country, many of which have been accused of serious misconduct. These companies, which claim to provide care for at-risk youth, have instead faced allegations of physical and sexual abuse, medical neglect, improper restraints, and financial exploitation.

These are the facilities we are taking a closer look at:

• Powell Chemical Dependency Center (Acadia Healthcare) – Des Moines: Known for its substance abuse treatment programs, especially for young and vulnerable populations. Concerns with Acadia include undertrained staff and inadequate safety protocols, which have been cited as contributing factors to incidents of neglect and mistreatment.
• Mary Greeley Medical Center Behavioral Health Unit (UHS) – Ames: This psychiatric unit is run by UHS and is under a great deal of scrutiny.
• Vera French Community Mental Health Center (Independent Network) – Davenport: This facility is part of a broader network
• Clive Behavioral Health: Located in Clive, Iowa, this 100-bed UHS hospital offers inpatient behavioral health services for adults, with plans to expand services for children and adolescents. ​
• Council Bluffs Comprehensive Treatment Center: Situated in Council Bluffs, this Acadia center provides medication-assisted treatment for adults dealing with opioid addiction, including medications like methadone and buprenorphine, alongside counseling services. ​
• Cedar Rapids Comprehensive Treatment Center: Located in Cedar Rapids, this Acadia facility offers similar medication-assisted treatments for opioid addiction, focusing on comprehensive care for adults.

Victims’ attorneys are actively filing lawsuits and seeking justice for those harmed in Iowa’s residential treatment centers, particularly against UHS and Acadia facilities accused of neglect and mistreatment. These lawsuits aim not only to secure settlement compensation for survivors but also to force systemic reforms to prevent further abuse in the future.

Iowa Residential Treatment Center Lawsuits

Victims’ attorneys are actively filing lawsuits and seeking justice for individuals who suffered abuse, neglect, and mistreatment in Iowa’s residential treatment centers. Many of these lawsuits target facilities owned by Universal Health Services (UHS) and Acadia Healthcare, two of the largest for-profit behavioral health corporations in the United States. These companies operate several facilities in Iowa that have faced allegations of failing to protect vulnerable residents from physical, emotional, and sexual abuse.

The primary goals of these lawsuits are twofold: (1) to secure financial compensation for survivors who have endured trauma due to institutional negligence, and (2) to force systemic reforms to prevent further mistreatment in residential treatment centers. Legal claims filed against these institutions often allege violations of state and federal regulations, including failure to properly supervise staff, inadequate response to abuse allegations, and neglect of patients’ medical and mental health needs.

Sexual Exploitation by a Counselor or Therapist in Iowa

Some victims of sexual assault are legally considered more vulnerable due to the power dynamics in their relationships with the perpetrator.  This is especially true in cases involving counselors or therapists, where the law recognizes the potential for exploitation.

In Iowa, it is a crime for a therapist, counselor, or mental health professional to engage in sexual conduct with a patient or client. This applies even if the victim appears to consent because the law assumes an imbalance of power that makes true consent impossible.

Iowa Code § 709.15(2)(b) makes it illegal for a therapist or counselor to have sexual contact with an “emotionally dependent” patient or client, highlighting how the legislature intends to prevent abuse of power in these relationships. Additionally, Iowa Code § 709.15(2)(c) sets a one-year limit for prosecuting a counselor or therapist for exploiting a former patient, emphasizing that it is the power dynamic—not just the professional status—that the law seeks to regulate.

Penalties and Statute of Limitations

Engaging in sexual exploitation as a counselor or therapist carries serious legal consequences. Violating Iowa Code § 709.15(4)(c) is considered a serious misdemeanor, punishable by jail time and fines. If the conduct involves a pattern, practice, or scheme of sexual exploitation, the offense can be elevated to a Class D felony, which carries up to five years in prison.

The statute of limitations for these crimes depends on the victim’s age. If the victim was under 18, prosecutors have until 10 years after the victim turns 18 to file charges. For adult victims, the prosecution must begin within 10 years of the last treatment session with the counselor or therapist.

Iowa Statute of Limitations for Sexual Abuse Lawsuits

Iowa has some of the most restrictive statute of limitations (SOL) laws in the country for child sexual abuse claims, leaving many survivors without legal recourse. Under Iowa Code §§ 614.8, victims of child sexual abuse have only one year after their 18th birthday to file a civil lawsuit. This means that survivors must file before they turn 19, or their claims will be forever barred. To put this into perspective, 19-year-olds are not even considered legal adults in over a dozen states, yet Iowa law arbitrarily prevents them from pursuing justice.

Recognizing the injustice of this strict limitation, Iowa revised its SOL laws in 2021 to provide slightly extended deadlines for sexual abuse claims against certain professionals, including teachers, counselors, and school employees. Under this revision, the statute of limitations is either:

• Five years from the last date of treatment or school attendance, or
• Until the survivor reaches the age of 19

However, this still falls far short of the protections offered in many other states. In comparison, numerous states have enacted “lookback windows” allowing adult survivors of child sexual abuse to file lawsuits even if the previous statute of limitations had expired. Unfortunately, Iowa has failed to implement such a reform.

Does Iowa Have a Discovery Rule for Sexual Abuse Cases?

Iowa does recognize a limited discovery rule for some civil claims, meaning the clock on the statute of limitations may not start running until the victim discovers or reasonably should have discovered the harm caused by the abuse. However, courts in Iowa have applied this rule inconsistently in child sexual abuse cases, making it difficult for survivors to rely on this legal principle.

How Iowa’s Statute of Limitations Compares to Other States

Iowa has been widely criticized for its restrictive SOL laws, receiving a grade of F in our state-by-state analysis of child sexual abuse statute of limitations laws. This places Iowa among the worst states in the country in terms of providing access to justice for abuse survivors.

In contrast, states like New York, Maryland, and California have implemented extended filing periods and lookback windows, allowing survivors to file lawsuits long after reaching adulthood. These laws recognize that many victims do not come to terms with their trauma or feel empowered to come forward until much later in life.

What This Statute of Limitations Means for Victims Seeking Justice in Iowa

The restrictive nature of Iowa’s statute of limitations for sexual abuse claims means that many survivors may not have legal recourse if they did not file their claims before turning 19. Victims who suffered abuse at residential treatment centers in Iowa may have additional legal options under claims of negligence, institutional liability, and violations of federal laws such as the Child Abuse Prevention and Treatment Act (CAPTA).

Furthermore, survivors who were abused in Iowa but later moved to states with more survivor-friendly SOL laws may be able to pursue legal action under those jurisdictions.  This is not a guaranteed strategy but victims have to do whatever they can to seek justice. An experienced sexual abuse attorney can evaluate the facts of each case and determine the best legal strategy for seeking justice.

Iowa Statute of Limitations for Sexual Abuse Lawsuits

Iowa has some of the worst and most restrictive statute of limitations laws in the country when it comes to claims involving child sexual abuse. Victims of child sexual abuse in Iowa only have 1 year after they turn 18 to file a civil lawsuit for child sexual abuse. So victims must file before their 19^th birthday or their claim will be time-barred. Iowa Code §§ 614.8. To give you an idea of how absurd this is, 19-year-olds are not even considered adults in over a dozen states.

In 2021, Iowa revised its SOL law somewhat to create a longer SOL deadline for sexual abuse claims against teachers, counselors, and school employees. For these cases, the SOL is the later of 5 years from the last treatment or the last date victim attended school, or age 19. Iowa does also have a discovery rule. Iowa earned a grade of F on our state child sexual abuse statute of limitations report card.

Iowa’s Discovery Rule

The discovery rule is a common-law exception to the statute of limitations, which holds that a cause of action is not recognized until the plaintiff has discovered the injury or should have, with reasonable diligence, discovered it. This rule implies that the statute of limitations begins to run when the plaintiff becomes aware of, or should become aware of, the injury.  A party is considered to be on inquiry notice when they possess enough facts to suspect a problem or potential problem.

From this point, they are deemed to have knowledge of facts that a reasonably diligent investigation would have revealed. Thus, upon recognizing a potential issue, there is a duty to investigate the nature of the problem causing the injury, even if the full implications are unclear.  Be careful with the discovery rule.  Do not assume that it will apply to your case.  Too many people sit on their rights, assuming the discovery rule will save them.  Contact a lawyer as soon as you think you may have a potential sex abuse lawsuit.

Collateral Estoppel in Iowa Sex Abuse Lawsuits

In Iowa, the principle of collateral estoppel plays a crucial role in connecting criminal convictions to subsequent civil litigation. This legal doctrine prevents an individual from re-litigating an issue once it has been resolved by a court, and a guilty plea in a criminal case can often establish fault in a related civil action. This means that if a defendant pleads guilty to a crime related to civil claims, such as sexual assault or battery, this plea can be used to substantiate these claims in civil court. The criminal admission effectively seals the defendant’s responsibility for the acts under civil law, precluding the defendant from contesting the same issues in the civil lawsuit.

Additionally, the guilty plea in a criminal case may influence civil liability, particularly in personal injury cases such as those involving assault and battery. Acknowledging wrongdoing in the criminal plea can confirm the elements of these civil claims, linking the defendant’s actions directly to the harm suffered by the plaintiff.

The only caveat is that the burden of proof needs to be the same.  Most school employee or clergy sexual abuse lawsuits include claims of intentional infliction of emotional distress. This claim demands a higher burden of proof. Plaintiffs must demonstrate that the defendant’s conduct was not only outrageous but also directly caused severe or extreme emotional distress. Unlike in sex abuse or assault claims, a criminal conviction alone may not satisfy the burden of proving such distress under civil law.

Iowa Sex Abuse Settlements & Verdicts

• $9,000,000 Settlement: The Roman Catholic Diocese of Davenport agreed to settle 37 claims of sexual abuse for $9,000,000. The acts of abuse occurred between the 1950s thru the 1970s, so the claims were legally time-barred under Iowa law. The names of 5 of the 11 priests named by the victims were released: Francis E. Bass, William F. Wiebler, Theodore Anthony Geerts, Drake R. Shafer and Rev. James Janssen.
• $1,500,000 Verdict: A 13-year-old male alleged that he suffered emotional distress when he was sexually molested by a nonparty priest at the defendant’s church. The plaintiff contended that the defendant failed to perform a background check on its priests, failed to take evasive action after being informed of the incident, failed to ensure the safety of the minor churchgoers entrusted in its care, and that its negligence was the cause of the plaintiff’s injuries. The defendant denied liability.
• $127,000,000 Verdict: A 13-year-old girl was sexually assaulted by defendant J.H., a 44-year-old male. J.H. reportedly provided alcohol for an overnight party for his son and friends and allegedly engaged in sexual intercourse with the plaintiff and performed other sex acts on her while she was intoxicated. J.H. allegedly pled guilty to one count of lascivious acts with a child and five counts of providing alcohol to a minor. The minor’s parents asserted claims alleging sexual assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligent supervision. There was no third party defendant so it is not clear if the plaintiff ever collected much of this verdict.
• $1,890,000 Verdict: Plaintiff alleged that he was sexually abused by his uncle, Rev. James Janssen, a priest in the Diocese of Davenport. Initially, the uncle admitted to the abuse, but he later recanted on the witness stand. Janssen faced other abuse allegations and was removed from the priesthood in 2004.
• $5,000,000 Settlement: The Archdiocese of Dubuque agreed to pay $5 million to a group of 20 victims that were molested by clergy in northeast Iowa dating back 50 years. In addition to the settlement funds, the archdiocese also agreed to pay for therapy for victims and their spouses. The names and assignments of those priests credibly accused of sexually abusing children were also released.
• $37,000,000 Settlement: In 2006, the Archdiocese of Davenport filed for bankruptcy. The Diocese agreed to a settlement that would pay $37 million to a group of 156 alleged abuse victims, and this resolved the bankruptcy.

Iowa Sex Abuse News & Updates

March 7, 2025: In a move that underscores how far accountability has come, newly sworn-in Dubuque County Sheriff’s Deputy Matthew Pothoff resigned just days into the job following a wave of public outrage over a past sexual abuse allegation.

Sheriff Joseph Kennedy announced Pothoff’s resignation Thursday after nearly 17,000 people signed a petition demanding his removal and hundreds of calls flooded the sheriff’s office. A protest had been scheduled for the weekend, reflecting the community’s overwhelming rejection of the hiring.

Pothoff, the son of a former sheriff and brother of a current deputy, had been accused—but never convicted—of drugging and sexually assaulting a minor when he was 16. The charges were dismissed, and Pothoff later sued the state for defamation, claiming the allegations were fabricated. That lawsuit was also dismissed in 2023.

Initially, Sheriff Kennedy stood by the hiring, emphasizing that the case was dismissed and urging the public to trust the legal system. But the community’s response sent a clear message: the absence of a conviction is not the same as exoneration, and law enforcement agencies cannot expect to sidestep scrutiny when hiring individuals with this kind of history.

A decade ago, this might have been swept under the rug, dismissed as a youthful mistake, or justified as a second-chance opportunity. In 2025, the public isn’t having it—and rightfully so. Survivors, advocates, and everyday citizens are demanding better from those entrusted to uphold the law. This resignation wasn’t just inevitable—it was a long-overdue reminder that accountability is no longer optional.

November 26, 2024: Dr. Nikolas May, a family practice and obstetrics physician in Manchester, was disciplined by the Iowa Board of Medicine for engaging in a sexual relationship with an employee who was also his patient, as well as failing to report his hospital suspension related to the relationship.

The Iowa Board of Medicine issued a citation and warning, noting that such conduct constituted “unprofessional and unethical misconduct,” even if the patient had consented. May received a $3,000 civil penalty, a 30-day hospital suspension, and must complete a professional boundaries course. He accepted a settlement agreement, waived his right to a contested hearing, and was warned that future violations could result in harsher disciplinary actions.

A sexual misconduct lawsuit in a case like this for consensual sex with an adult patient arises because such relationships violate medical ethics and legal standards, regardless of consent. The inherent power imbalance between a doctor and a patient compromises the patient’s ability to give truly informed and voluntary consent. Physicians need to be held to strict professional boundaries to ensure that their decisions prioritize the patient’s well-being and avoid any potential exploitation or conflicts of interest. Engaging in a sexual relationship with a patient undermines the trust essential to the doctor-patient relationship and can lead to claims of professional misconduct, emotional harm, or breach of fiduciary duty that form the basis of a sexual misconduct lawsuit.

May 5, 2024: Dr. Lynn Lindaman, a 73-year-old orthopedic surgeon from Des Moines, Iowa, has agreed to the revocation of his medical license following a criminal conviction for sexual abuse in February.

Lindaman was convicted of second-degree sexual abuse involving a minor in 2023, and he still faces a separate civil lawsuit alleging that he sexually assaulted a minor in 1975 at a sports camp.

The lawsuit alleges that in July 1975, while attending a gymnasts’ summer sports camp at the University of Iowa, a 14-year-old was sexually assaulted by Lindaman, who was then 24, a counselor and athletic trainer at the camp, during treatment for a back injury. Lindaman was arrested and convicted on Feb. 26, 1976, of lascivious acts with a person under the age of 16.  The trial for the lawsuit is scheduled for May 2025.

Despite a 1976 conviction for lascivious acts with a minor, Lindaman was tragically later licensed to practice medicine in Iowa. His professional conduct came under scrutiny again in 2020 when an attempt was made to revoke his license, although the Iowa Board of Medicine took no action then.

He was sentenced this week to 50 years in prison.

April 26, 2024: An Iowa district judge has recently made a ruling in favor of the Archdiocese of Dubuque on multiple counts in a lawsuit brought by an individual alleging sexual abuse by a former priest.

District Court Judge John Telleen granted the Archdiocese summary judgment on the counts of assault and battery, sexual abuse, and intentional infliction of emotional distress following a motion for summary judgment from the Archdiocese. However, Telleen denied the archdiocese’s motion for summary judgment on a related count of negligent supervision and/or retention, which will proceed to trial.

The allegations stem from a 2021 civil sex abuse lawsuit filed in the Iowa District Court of Clinton County, where the plaintiff seeks punitive damages related to abuse reportedly committed by William Goltz. Goltz, a priest who had been assigned to a church in Dubuque and had previous accusations of abuse, including incidents in Oelwein, Iowa, died in 2006. The clergy sex lawsuit also mentions abuse by William Wiebler, another priest, asserting that the abuses by Goltz and Wiebler occurred at various locations in Iowa from 1964 to 1966.

In its defense, the Archdiocese argued that it was not vicariously liable for Goltz’s actions outside the scope of his employment. For the count of negligent supervision and/or retention, the archdiocese contended that the alleged abuses, which occurred over 50 years ago, were barred by the statute of limitations.

Judge Telleen, however, citing relevant case law that offers flexibility in applying the statute of limitations to child sexual abuse cases—acknowledging the potential for victims to repress traumatic memories—denied the motion. The basis for the denial is the plaintiff’s claim that he did not recall the abuse by Goltz until 2021, which led to the filing of the lawsuit.

The case is scheduled for trial on March 17, 2025, unless settled beforehand, as it likely will.

March 5, 2024: A sex abuse lawsuit filed against the East Sac County school district by the mother of a teenage boy who had a relationship with a high school teacher will be heard in federal court rather than Sac County.

The boy’s mother sued the school district, alleging it failed to adequately supervise special education teacher Stefanie Kelsey and investigate rumors of her affair with the mother’s teenage son. According to the lawsuit, that lack of action denied the mother and son their constitutional equal protection rights.

According to the lawsuit, Kelsey sent numerous nude photos to the boy and had sex with him regularly from December 2021 until March 4, 2022, when the boy was a freshman and age 14 and 15.

The school seemed to bury its head in the sand. The mother said in the lawsuit that administrators (now no longer employed by the East Sac County district) did not search for her son when he was reported absent from classes. During some of his absences, he was in Kelsey’s classroom, where they sometimes had sex behind locked doors.

The lawsuit said at least two parents called school officials to report rumors of their relationship and photos, but no investigation was done. School officials spoke to Kelsey in January or February 2022 about the rumors, which she denied. The boy was never interviewed, and his mother was not contacted.

The mother contacted the Sac County Sheriff’s Office after receiving copies of text messages her son had sent to another teen that indicated he’d been having sex with Kelse, who was arrested two days later.

Kelsey, now 36, later pleaded guilty to single counts of third-degree abuse and exploitation by a school employee and was sentenced to 10 years in prison.

February 18, 2024: A woman has requested a judge to dismiss her lawsuit against a University of Iowa student whom she had accused of sharing a video recording of her sexual assault. The case against the individual is to be dismissed with prejudice, meaning it cannot be refiled, though no specific reasons for the dismissal were provided in court documents.

The separate, ongoing lawsuit involving two other former University of Iowa students and the university’s Phi Gamma Delta fraternity chapter, however, is still set for trial on November 5. This trial stems from an incident in September 2020, where the woman alleges she was drugged and assaulted at the fraternity’s house. The accused individuals reportedly shared images and video of the assault in a fraternity group chat. The case has garnered significant public attention, leading to protests and social media campaigns.

Additionally, one of the accused has initiated a lawsuit for libel and slander against 24 individuals, claiming that the accusations have harmed his reputation and impacted his personal and professional life. He maintains his innocence against the allegations.

February 24, 2023: The Iowa Supreme Court has ruled that a city cannot be held vicariously liable for the sexual assault committed by a police officer, stating the assault was not within the scope of the officer’s employment.

The Iowa high court found that the officer’s actions, which included misleading conduct to conceal the assault, did not serve any purpose for his employer, thus severing the link required for vicarious liability. Additionally, the court rejected an attempt to extend liability to the city based on the “aided by agency” theory, which would have broadened the scope of employer liability to include acts facilitated by the employment relationship.

The underlying incident involved a police officer who exploited his professional role to commit a sexual assault after offering a ride home to an intoxicated woman. According to the court, this conduct represented a significant deviation from the officer’s duties. The court’s decision highlighted the legal boundaries of employer liability, emphasizing that the officer’s actions were too far removed from his official duties to be considered within the scope of his employment.

This ruling reaffirms the principle that for an employer to be held liable in a sex abuse lawsuit for the actions of an employee under vicarious liability, those actions must align more closely with the employee’s professional role. The court’s refusal to expand the “aided by agency” theory underscores the judicial restraint exercised in extending employer liability in cases involving personal misconduct by employees under the guise of professional authority.

So how can you win a civil sexual assault claim in a case like this?  The path to third-party liability would be negligent hiring or negligent retention, but these claims were not brought, likely because the evidence was just not there.

Contact Us About Iowa Sex Abuse Lawsuits

Our lawyers handle sex abuse lawsuits across the country. Call our sexual abuse lawyers at 800-553-8082 for a free consultation or try reaching out online or by text at 410-835-4103.