State v. Turecek

CARTER, Justice.

Defendant, Barbara Ann Turecek, appeals her conviction by jury trial of the offense of second-degree sexual abuse in violation of Iowa Code section 709.3 (1987). The basis for the criminal charge against defendant was an allegation by a thirteen-year-old female child, J.B., that defendant had aided and abetted Rodney Turecek (her then lover and now husband) in performing sex acts on her person by force and against her will.

In appealing the district court’s judgment, defendant contends that the trial court erred in (1) failing to instruct the jury concerning a lesser-included…