Most members of the Iowa legislature have started the long process of a proposing a constitutional fix that would again let some child witnesses testify against an alleged abuser remotely.
Iowa Attorney General Brenna Bird proposed the amendment after the Iowa Supreme Court ruled it is unconstitutional for children to testify against their accused abusers without facing them in person in court. Representative Steven Holt of Denison said the opinion offered no guidance on what options the courts could take so child abuse victims aren’t traumatized again, “which I think is most curious because they’ve left us with an interesting conundrum and we try to protect children.”
Representative Charley Thomson of Charles City is among the six lawmakers who voted against advancing the proposed constitutional amendment. “I don’t deny the problem that is sought to be addressed in this constitutional amendment,” Thomson says. “…The Supreme Court of the United State is in the process, I think, of revisiting what the standards are.”
Others, like Representative Ken Croken of Davenport, argue the legislature should pass a state law now to allow video testimony from children who are witnesses in abuse cases. “That would be immediate and effective while a federal reconsideration of Sixth Amendment rights and obligations is in review,” Croken said.
Representative Mark Thompson of Clarion, who supports the proposed amendment, said justice is not served when a victim is too intimidated to testify. “I’ve met various victims of horrible abuse over the past two years,” he said. “Their courage is beyond reproach and their courage is dampeneed when they are forced to face the person who allegedly abused them.”
The proposed amendment to Iowa’s Constitution says the right of an accused to confront a child under the age of 18 as well as witnesses with a mental illness or intellectual disability may be limited by law. That language has been approved by legislators this year and must again in 2027 or 2028 before voters could decide whether to add it to Iowa’s Constitution.