Iowa Admin. Code r. 61-9.31 - Contributory conduct
The
(1)
Consent , provocation , or
incitement . In assessing consent , provocation or incitement on the
part of the victim pursuant to Iowa Code section
915.87(2)
"a," the program may consider factors including but not
limited to the following:
a. Whether charges
are filed against the suspect;
b.
Whether the victim attempted to withdraw from the incident;
c. Comparable or reasonable force on the part
of the suspect in response to an action of the victim ;
d. The amount of time from the beginning of
the interaction between the victim and the suspect and the criminal act
committed by the suspect;
e. The
age of the victim ; and
f.
Comparable size or strength of the victim and suspect.
(2)
Additional assessment of
consent . In assessing the causal nature of consent pursuant to Iowa
Code section 915.87(2)
"a," the program may consider the victim 's age, physical
condition, psychological state, and cultural or linguistic barriers and any
compelling health or safety reasons that would jeopardize the well-being of the
victim .
(3)
Consent in
intoxicated driving cases. A victim who was the passenger in the
vehicle of a driver who has been determined to have been legally intoxicated at
the time of the crash shall not be automatically denied eligibility for
compensation . The program may consider whether the victim could have reasonably
known the intoxication level of the driver, the driver's behavior or judgment
appeared impaired, the victim encouraged or discouraged the driver from
driving, or the victim 's judgment was impaired.
(4)
Additional assessment of
provocation and incitement and commission of a criminal act. In
assessing the causal nature of provocation or incitement and commission of a
criminal act pursuant to Iowa Code section
915.87(2), the
program may consider law enforcement documentation that indicates:
a.
Retaliatory action. The
crime was committed as retaliation for a prior physical assault or injury
committed by the victim against the perpetrator, and the victim could have
reasonably foreseen the likelihood of retaliation.
b.
Gang action. The crime
was a direct result of gang activity, including gang initiation, or was
inflicted as retaliation for prior gang activity in which the victim
participated in a criminal street gang as defined in Iowa Code section
723A.1(2).
c.
Mutual combat. The crime
was an incident of mutual combat if the victim :
(1) Initiated a physical
altercation;
(2) Made a credible
threat of bodily harm against the person and took action to indicate the intent
to carry out the threat and a physical altercation immediately followed;
or
(3) Accepted a verbal challenge
to engage in a physical altercation and took action to indicate acceptance of
the challenge and a physical altercation immediately followed.
d.
Exception to mutual
combat. Incitement and provocation are not present in an incident of
mutual combat when a significant escalation of the fight, such as the
introduction of a deadly weapon, is made by a person other than the victim or
when a third party becomes involved resulting in more serious injury than the
victim could have reasonably expected.
(5)
Victim 's criminal act.
Contributory conduct includes assisting in, attempting, or committing a
criminal act by the victim . A causal relationship must be documented between
the injury or death for which compensation is sought and the criminal act of
the victim .
Notes
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