SOL:  +4 years from liberal (causal) discovery, where discovery occurs after majority; +1 year from majority where causal discovery occurs before majority.

1. Iowa Code § 614.8A (“An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.”)

a. Tolling only where causal discovery made after majority?

2. Iowa Code § 614.1(12) “Sexual abuse or sexual exploitation by a counselor, therapist, or school employee. An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, or school employee, as defined in section 709.15, or as a result of sexual exploitation by a counselor, therapist, or school employee shall be brought within five years of the date the victim was last treated by the counselor or therapist, or within five years of the date the victim was last enrolled in or attended the school.”

a. No tolling provision via text of statute?

TOLLING:

1. Majority, yes. Limited. Iowa Code § 614.8(2) “Except as provided in section 614.1, subsection 9, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.”

a. It says 1 year to commence an action post majority, not tolled to majority.

2. Discovery, yes, liberal. Iowa Code § 614.8A (“An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.”)

10+ years from victim’s 18th birthday (or +3 years from identification DNA profile, whichever is later) for 1st, 2nd, and 3rd degree sexual abuse, incest, and sex exploitation by counselor, school employee, or therapist. Iowa Code § 802.2 (1); Iowa Code § 802.2A(1)-(2).

Iowa Code § 802.2 (1) (“An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.”

Iowa Code § 802.2 (3)  (“As used in this section, “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.”)

802.2A Incest — sexual exploitation by a counselor, therapist, or school employee.

(“1.  An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other incest shall be found within ten years after its commission.  2.  An indictment or information for sexual exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age of eighteen shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.”)