State v. Parsons

401 N.W.2d 205, 1986 Iowa App. LEXIS 1899
CourtCourt of Appeals of Iowa
DecidedDecember 23, 1986
Docket85-1384
StatusPublished
Cited by7 cases

This text of 401 N.W.2d 205 (State v. Parsons) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Parsons, 401 N.W.2d 205, 1986 Iowa App. LEXIS 1899 (iowactapp 1986).

Opinion

DONIELSON, Judge.

The defendant, Robert Todd Parsons, appeals his conviction and sentence for an aggravated misdemeanor of assault with intent to commit sexual abuse pursuant to Iowa Code section 709.11 (1985). Parsons contends the district court abused its discretion by denying his application to introduce evidence of the victim’s prior sexual conduct pursuant to Iowa Rule of Evidence 412. Parsons also contends the district court abused its discretion by denying his motion for mistrial, which alleged that the prosecutor had committed misconduct by cross-examining defense witnesses about subjects not already in the record. Finally, Parsons contends the district court abused its sentencing discretion by failing to consider all the relevant factors in choosing a sentence of imprisonment rather than probation. We affirm.

Parsons was originally charged with sexual abuse in the third degree stemming from a charge by the fifteen-year-old victim that Parsons had forced her to have sexual relations with him at her home at approximately 5:30 a.m. on the morning of March 27, 1985. The victim at trial testified that she awoke from sleep to find Parsons straddling her body. The victim testified that Parsons forced her to have oral sex and intercourse with him, then cut the telephone cord, and told her that he would come back if she told anyone.

After her assailant left, the victim called her sister and proceeded to a hospital. At the hospital, the victim told the nurse there had been no vaginal intercourse, but that oral sex had occurred. While no seminal fluid was found in the victim's mouth or vaginal area, such fluid was found on the front of the victim’s sweater.

At trial, Parsons sought to introduce evidence of the victim’s past sexual conduct to rebut testimony suggesting that the victim’s conflicting statements to police and medical personnel on the day of the assault resulted from her ignorance and naivete concerning sexual matters. Parsons also asserted that evidence of the victim’s sexual experiences was relevant to rebut testimony linking her alleged virginity to blood found on the victim’s bed sheets. The trial court denied defendant’s request to introduce the victim’s past sexual conduct due *207 to the fact that no offer of proof on such matters had been introduced in writing, that there was no constitutional basis for offering such evidence, and that no impeachable testimony had been introduced at that point in the trial.

At trial, Parsons also moved for a mistrial based upon alleged prosecutorial misconduct. Parsons contends that the prosecutor, upon cross-examination of both Parsons and his mother, questioned them about matters which were not in the record. A major part of Parson’s alibi defense that he was home at the time of the alleged assault concerned whether or not the Parsons’ dogs would have barked if defendant Parsons had come home during the early morning hours of March 27, 1985. The prosecutor had questioned Parsons’ mother concerning statements made by a neighbor that the dogs were extremely quiet and rarely barked. The prosecutor had also questioned Parsons about whether he had given the victim a slip of paper with his name and telephone number for the victim to call. Defense counsel later stated to the trial court that he did not object to such questioning at the time they were introduced because he believed that the prosecutor would present evidence relating to those questions. The trial court, however, overruled the motion for mistrial.

Following trial, a jury found Parsons guilty of the lesser-included offense of assault with intent to commit sexual abuse. At hearing for judgment and sentence, the trial court, noting that Parsons was of young age, employed, and lived with his family, nevertheless determined that the serious nature of the crime required that probation not be granted and that Parsons be confined for a period of not less than two years.

Our scope of reyiew is for the correction of errors at law. Iowa R.App.P. 4. The jury’s findings of fact are binding upon us if supported by substantial evidence. Iowa R.App.P. 14(f)(1). We view the evidence in a light most consistent with the judgment. Menzel v. Morse, 362 N.W.2d 465, 470 (Iowa 1985).

Parsons first contends that the trial court abused its discretion by denying his application to introduce evidence of the victim’s prior sexual conduct under Iowa Rule of Evidence 412. We disagree.

As a general proposition, the admissibility of evidence is a matter for the exercise of the trial court’s discretion. State v. Chadwick, 328 N.W.2d 913, 916 (Iowa 1983). The test for admission of evidence is that the evidence must be relevant and, if such evidence is relevant, the probative value of such evidence must outweigh the prejudice which could be caused by its admission into the record. State v. Ellis, 350 N.W.2d 178, 180 (Iowa 1984). Absent an abuse of discretion, however, we will not disturb the trial court’s determination as to the admissibility of the challenged evidence. State v. Gordon, 354 N.W.2d 783, 784 (Iowa 1984).

Iowa Rule of Evidence 412 is a relatively recent addition to Iowa’s evidentiary rules, replacing former Iowa Rule of Criminal Procedure 20(5). Though the language of rule 412 is substantially different from its predecessor, the rules have been interpreted to be substantially similar in effect. State v. Clarke, 343 N.W.2d 158, 160 (Iowa 1984). Rule 412 provides, in pertinent part:

(a) Notwithstanding any other provision of law, in a criminal case in which a person is accused of sexual abuse, reputation or opinion evidence of the past sexual behavior of an alleged victim of such sexual abuse is not admissible.
(b) Notwithstanding any other provision of law, in a criminal case in which a person is accused of sexual abuse, evidence of a victim’s past sexual behavior other than reputation or opinion evidence is also not admissible, unless such evidence other than reputation or opinion evidence is:
(1) admitted in accordance with subdivisions “c”(l) and “c”(2) and is constitutionally required to be admitted; or
(2) admitted in accordance with subdivision “c” and is evidence of:
*208 (A) past sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of semen or injury; or
(B) past sexual behavior with the accused and is offered by the accused upon the issue of whether the alleged victim consented to the sexual behavior with respect to which sexual abuse is alleged.

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401 N.W.2d 205, 1986 Iowa App. LEXIS 1899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parsons-iowactapp-1986.