A sexual assault allegation can change your life long before a verdict. In Des Moines, prosecutors can file serious felony charges based on a single person’s account, and the case can start moving before you fully understand what is being alleged.
A strong defense starts with knowing what the State must prove and how evidence gets built in the early stages of a case.
What Iowa Law Allows the State to Argue
People often use the phrase “sexual assault,” but Iowa’s criminal code generally uses sexual abuse, governed by Iowa Code Chapter 709.
Iowa divides sexual abuse into degrees. The degree charged depends on what the State believes it can prove, such as the ages involved, whether force or threats are alleged, whether injury is claimed, whether a weapon was involved, or whether prosecutors argue a person could not consent due to unconsciousness or incapacity. Chapter 709 outlines these definitions and requirements.
Under Iowa Code §709.5, physical resistance is not required to show that an act occurred by force or against a person’s will. The State does not need evidence of a struggle or visible injuries to pursue charges. Courts and juries may consider the surrounding circumstances, and prosecutors may argue those circumstances show coercion or lack of consent.
That framework puts the focus where it belongs: on evidence. A defense has to be built around provable facts, tested timelines, and the reliability of the State’s account, not assumptions about what an assault is supposed to look like.
The Importance of Credibility & Details
Many people assume sexual abuse charges require DNA, eyewitness testimony, medical findings, or a confession. Those things can appear in some cases, but they are not required for charges to move forward.
In State v. Lang (Iowa Court of Appeals, October 29, 2025), the court reinforced that a conviction can rest on a complaining witness’s testimony alone and rejected older reasoning that had been interpreted as requiring corroboration. That does not mean every allegation is accepted as true. It means jurors may convict if they find the testimony credible, even when physical evidence is limited.
A disciplined defense plan responds to that reality. Credibility gets tested through consistency, context, and objective records. Messages, call logs, photos, location data, receipts, rideshare history, surveillance footage, and witness statements can confirm or contradict critical parts of an allegation. Those records often become the clearest way to establish a timeline when memories are imperfect or when accounts differ.
Why Timing Is Critical in Investigations
Most sexual abuse cases begin with an investigation. Law enforcement may request an interview, ask for a phone download, or execute a search warrant. Prosecutors then decide whether to file charges and what degree to allege based on the evidence.
Early decisions frequently shape outcomes, sometimes in ways people don’t expect. An interview meant to “clear things up” can lock someone into a narrative that is incomplete or imprecise. A message deleted out of panic can be framed as consciousness of guilt. A call or text to the accuser can lead to additional allegations, even if the contact seems harmless.
Early legal representation helps control risk. Counsel can communicate with law enforcement on your behalf, help you avoid self-incrimination, and begin preserving evidence that may be time-sensitive.
How Defenses Are Built
Every case requires its own strategy, but effective defenses usually share the same foundation. The work starts with what can be proven, what can be challenged, and what the evidence does not support.
Possible defenses in Des Moines sexual abuse cases often include:
- Consent & Communication. Some cases turn on consent. Messages, call logs, and witness observations before and after the encounter may support consent or undermine the State’s narrative.
- Capacity to Consent & Intoxication Disputes. Prosecutors may argue intoxication made someone unable to consent. Defense work focuses on what the evidence shows about awareness, functioning, and behavior, including video, witnesses, and digital activity.
- False Allegations or Conflict-Driven Reports. Allegations can arise during breakups, custody disputes, or heightened conflict. A defense may examine shifting statements, objective timeline conflicts, and surrounding circumstances that influenced reporting.
- Inconsistencies & Credibility Issues. When a case depends heavily on testimony, consistency matters. Comparing statements across interviews and reports can reveal contradictions that create reasonable doubt on key elements.
- Mistaken Identity or Unreliable Identification. Delayed reporting, crowded settings, and assumptions can lead to misidentification. A defense may challenge how identification occurred and whether evidence actually supports it.
- Alibi & Timeline Contradictions. Records can confirm where someone was, and when. Receipts, location data, rideshare history, work records, and surveillance footage may contradict the timeline within an allegation.
- Lack of Corroboration or Missing Evidence. Iowa law allows cases to proceed without physical evidence, but the State still must prove guilt beyond a reasonable doubt. Gaps, missing records, and unsupported assumptions can matter.
- Constitutional Violations & Unlawful Searches. Phones and digital accounts are frequently involved. If a search warrant lacked proper support, or exceeded its scope, the defense may seek to suppress that evidence.
How Branstad & Olson Can Help Defend Your Rights & Future
Sexual abuse allegations require careful defense work, disciplined preparation, and guidance that stays steady under pressure. We are committed to giving clients a voice through zealous advocacy and innovative problem-solving. With more than 65 years of collective experience and thousands of cases handled, the firm provides personalized representation aimed at the best possible outcome.
Clients who contact Branstad & Olson can expect:
- A free initial consultation
- Early involvement during investigations to protect rights and reduce risk
- Thorough evidence review, including digital communications and timeline development
- Strategic pretrial motions, including suppression challenges when appropriate
- Trial-ready preparation focused on credibility, consistency, and proof
- Highly responsive communication and direct answers
- A never-give-up approach devoted to protecting clients’ futures
If you are facing sexual abuse allegations in Des Moines, determined legal guidance can make a meaningful difference. Branstad & Olson can help you understand the charge, protect your rights, and move forward with a clear plan. Contact us online or call (515) 329-3100 to talk to our attorneys – your first consultation is free.