In the Interest of T.H., Minor Child, T.H., Minor Child
16-0158
| Iowa Ct. App. | Jan 25, 2017Background
- T.H., age 14, forced 16-year-old I.N. to perform oral sex on July 15, 2015; I.N. objected, bit T.H.’s penis to stop the assault, then reported the incident.
- I.N.’s statements were consistent on key elements (location, verbal protest, forced head down, biting) though she had some timing and detail inconsistencies across interviews and testimony.
- T.H. initially denied the act but later admitted the conduct after police implied there was a video; he also wrote an apology admitting he forced her to perform oral sex.
- A psychologist testified T.H. may have been incompetent and could have confessed to appease an authority figure; the trial court nonetheless found him competent and credited the testimony and confession.
- The juvenile court adjudicated T.H. delinquent for third-degree sexual abuse (Iowa Code § 709.4(1)(a)), ordered placement in a residential treatment facility, and mandated sex-offender registration under Iowa Code chapter 692A.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (T.H.) | Held |
|---|---|---|---|
| Sufficiency of evidence for sexual abuse by force/against will | Evidence (I.N.’s consistent core testimony plus T.H.’s admission) establishes force/against will | Inconsistent victim statements and questionable confession undermine sufficiency | Affirmed: substantial evidence supports delinquency adjudication |
| Mandatory juvenile sex-offender registration constitutionality | Registration is civil/protective, not punishment; modification is available, so no Eighth/Art. I §17 violation | Mandatory registry for 14+ juveniles is punitive and cruel and unusual without individualized sentencing | Affirmed: mandatory registration for 14+ does not violate cruel and unusual punishment |
Key Cases Cited
- In re A.K., 825 N.W.2d 46 (Iowa 2013) (de novo review of delinquency adjudication)
- In re D.S., 856 N.W.2d 348 (Iowa 2014) (give weight to trial court credibility findings but review de novo)
- State v. Ragland, 836 N.W.2d 107 (Iowa 2013) (de novo review of constitutional challenges to dispositional orders)
- State v. Null, 836 N.W.2d 41 (Iowa 2013) (juvenile individualized sentencing requirements for lengthy mandatory sentences)
- State v. Willard, 756 N.W.2d 207 (Iowa 2008) (sex-offender registration statutes are civil/protective, not punishment)