Iowa anal sex dating
In the months leading up to the criminal offense, and in the subsequent months prior to Rhoades's decision to plead guilty, we cannot forget it is Rhoades who had all of the relevant facts. Because it is possible the State can establish a factual basis, the district court should order the court in the criminal case to give the State the opportunity to establish a factual basis. See Iowa Code § 709C.1(5) (providing an affirmative defense). We also used this fact as one of the reasons Iowa Code section 709C.1 was not void for vagueness under the Due Process Clause of the Fourteenth Amendment. Rather, we may look to either what was “generally known within the territorial jurisdiction of the trial court” or if the fact was “capable of accurate and ready determination by resort to sources whose accuracy” could not reasonably be questioned.
W.2d 823, 836 (Iowa 2002) (“Adjudicative facts relate to the specific parties and their particular circumstances.”). The minutes of testimony also indicated a public health nurse would testify to the risk of exposure of HIV during sexual contact. Nevertheless, Rhoades listed his HIV status on his online dating profile as negative and told A. he was “clean” before the two engaged in the intimate contact.
We review (1) the prosecutor's statements, (2) the defendant's statements, (3) the minutes of testimony, and (4) the presentence report, if available at the time of the plea, to determine if the record supports a factual basis for the plea. We next look to the minutes of testimony to see if a factual basis exists to establish Rhoades intentionally exposed A. to his bodily fluid in a manner that could result in the transmission of HIV. The report states Rhoades admitted he engaged in consensual intercourse with A. The presentence investigation report contains the same information contained in the police reports, and similarly does not establish a factual basis.
Do you understand what it is you would—the state would have to prove? THE COURT: Were you here in Black Hawk County on June 26th? THE COURT: And at that time were you positive for the human immunodeficiency virus? Although we do not require a detailed factual basis, we do require the defendant to acknowledge facts that are consistent with the elements of the crime. On the other hand, the district court's reading of the technical terms in the information and having the defendant agree to those terms is not enough to establish a factual basis for those terms. We find the district court's reference to intimate contact and Rhoades's acknowledgement he had intimate contact does not establish the necessary factual basis an exchange of bodily fluid took place or that Rhoades intentionally exposed A. to his bodily fluid in a manner that could result in the transmission of HIV. The minutes of testimony do not establish any exposure of bodily fluids between Rhoades and A. Thus, the minutes of testimony do not establish a factual basis that an exchange of bodily fluid took place or that Rhoades intentionally exposed A. Next, we consider the presentence investigation report. reported receiving unprotected oral sex and protected anal sex. Adjudicative facts concern the immediate parties, including “who did what, where, when, how, and with what motive or intent․” Kenneth Culp Davis, Judicial Notice, 55 Colum.
Accordingly, we vacate the decision of the court of appeals and reverse the judgment of the district court. In 2005, Rhoades began consistently receiving medical care for his HIV diagnosis from the University of Iowa Hospitals and Clinics.
Based on the state of medicine both now and at the time of the plea in 2009, we are unable to take judicial notice that an infected individual can transmit HIV, regardless of an infected individual's viral load, when that individual engages in protected anal or unprotected oral sex with an uninfected person. From 1999 to 2005, Rhoades did not receive treatment for his HIV diagnosis.