State v. Bolsinger

709 N.W.2d 560 (Iowa 2006)

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Nature of the Case

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Facts

D was the program supervisor for delinquent boys. D would take boys into a private room and touch their genitals, saying he was checking for bruises, scratches, hernias, and testicular cancer. D asked permission to touch them in this way and that he did not appear to them to be gaining any sexual gratification from the touching. The boys were not aware that they were being touched in a sexual manner, and they would not have consented if they had known the true reason for the touching. D's computer hard drive contained, among other things, numerous stories involving unidentified males engaging in sex acts with each other. The jury was instructed that P must prove that D committed a sex act 'by force or against the will' of the alleged victim. 'By force and against the will' of another if the other's consent or acquiescence is procured by threats of violence; or deception, which may include deception concerning the nature of the act or deception concerning the defendant's right to exercise authority over the other under the circumstances. D was convicted and appealed.