Damages.
Where a wrongful act produces death, and the deceased leaves a husband, wife, child or parent, the damages shall not be liable for the payment of debts. [§3731.]
CRIMINAL LAW-ILLEGITIMATE CHILDREN.
CRIMINAL LAW-ILLEGITIMATE CHILDREN.
Rape.
If any person ravish or carnally know any female of the age of thirteen years or more, by force and against her will, or carnally know and abuse any female child under the age of thirteen years, he shall be punished by imprisonment in the penitentiary for life or any term of years. [§5160.]
Intent to commit rape.
If any person assault a female with intent to commit a rape he shall be punished by imprisonment in the penitentiary not exceeding twenty years. [§5172.]
Compelling to marry.
If any person take any woman unlawfully and against her will, and by force, menace or duress, compel her to marry him, or to be defiled, he shall be fined not exceeding one thousand dollars and imprisoned in the penitentiary not exceeding ten years. [§5161.]
Carnal knowledge.
If any person have carnal knowledge of any female by administering to her any substance, or by any other means producing such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, or have such carnal knowledge of an idiot or female naturally of such imbecility of mind or weakness of body, as to prevent effectual resistance, he shall upon conviction, be punished as provided in the section relating to ravishment. [§5162.]
Producing miscarriage of pregnant woman.
If any person with intent to produce the miscarriage of any pregnant woman, wilfully administer to her any drug or substance whatever, or, with such intent, use any instrument or any means whatever, unless such miscarriage shall be necessary to save her life, he shall be imprisoned in the state prison for a term not exceeding five years, and be fined in a sum not exceeding one thousand dollars. [§5163.]
Enticing female child for prostitution.
If any person take or entice away any unmarried female, under eighteen years of age, from her father, mother, guardian, or other person having the legal charge of her person, for the purpose of prostitution, he shall upon conviction be punished by imprisonment in the penitentiary for not more than three years, or by fine of not more than one thousand dollars and imprisonment in the county jail not more than one year. [§5164.]
Enticing away child.
If any person maliciously, forcibly or fraudulently lead, take, decoy, or entice away any child under the age of fourteen years, with the intent to detain or conceal such child from its parent, guardian, or any other person having the lawful charge of such child, he shall be punished by imprisonment in the penitentiary not more than ten years, or by a fine not exceeding one thousand dollars or by both such fine and imprisonment. [§5165.]
Seduction.
If any person seduce and debauch any unmarried woman of previously chaste character, he shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year. [§5166.]
Marriage a bar.
If, before judgment upon an indictment, the defendant marry the woman thus seduced, it is a bar to any further prosecution for the offense. [§5167.] An offer, by the defendant, to marry the woman, will not be a bar to a prosecution for seduction, as nothing but actual marriage will constitute such bar.
Adultery.
Every person who commits the crime of adultery shall be punished by imprisonment in the penitentiary not more than three years, or by a fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year; and when the crime is committed between parties, only one of whom is married, both are guilty of adultery and shall be punished accordingly. No prosecution for adultery can be commenced but on complaint of the husband or wife. [§5317.]
Evidence in cases of rape or seduction.
The defendant in a prosecution for a rape, or for an assault with intent to commit a rape, or for enticing or taking away an unmarried female of previously chaste character, for the purpose of prostitution, or aiding or assisting therein, or for seducing or debauching any unmarried woman of previously chaste character, cannot be convicted upon the testimony of the person injured, unless she be corroborated by other evidence tending to connect the defendant with the commission of the offense. [§5958, as amended by act of the Twenty-fifth General Assembly.] The corroboration required by this section need not be by evidence of witnesses to the act, but may be wholly by circumstances and facts which tend to connect the accused with the commission of the crime.
Bigamy.
If any person who has a former husband or wife living, marry another person, or continue to cohabit with such second husband or wife in this state, he or she, except in cases mentioned in the following section, is guilty of bigamy, and shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year. [§5318.]
Exceptions.
The provisions of the preceding section do not extend to any person whose husband or wife has continuously remained beyond seas, or who has voluntarily withdrawn from the other and remained absent for the space of three years together, the party marrying again, not knowing the other to be living within that time; nor to any person who has been legally divorced from the bonds of matrimony. [§5319.]
Knowingly marrying husband or wife.
Every unmarried person who knowingly marries the husband or wife of another, when such husband or wife is guilty of bigamy thereby, shall be imprisoned in the penitentiary not exceeding three years, or by fine of not more than three hundred dollars and imprisonment in the county jail not exceeding one year. [§5320.]
Lewdness.
If any man or woman not being married to each other lewdly and viciously associate and cohabit together, or if any man or woman, married or unmarried, is guilty of gross lewdness and designedly make an open and indecent, or obscene exposure of his or her person, or the person of another, every such person shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding two hundred dollars. [§5321.]
Keeping house of ill-fame.
If any person keep a house of ill-fame, resorted to for the purpose of prostitution or lewdness, such person shall be punished by imprisonment in the penitentiary not less than six months nor more than five years. [§5322.]
Houses of ill-fame.
Houses of ill-fame kept for the purpose of prostitution and lewdness, gambling houses, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted, to the disturbance of others, are nuisances, and may be abated and punished as provided in this chapter. [§5472.]
Lease rendered void.
When the lessee of a dwelling house is convicted of keeping the same as a house of ill-fame, the lease or contract for letting such house is, at the option of the lessor, void, and such lessor may thereupon have the like remedy to secure possession as against a tenant holding over after the expiration of his term. [§5323.]
Leasing house for such purpose.
If any person let any house, knowing that the lessee intends to use it as a place of resort for the purpose of prostitution or lewdness, or knowingly permit such lessee to use the same for such purpose, he shall be punished by fine not exceeding three hundred dollars, or imprisoned in the county jail not exceeding six months. [§5324.]
Enticing to house of ill-fame.
If any person entice back into a life of shame any person who has heretofore been guilty of the crime of prostitution, or who shall inveigle or entice any female, before reputed virtuous, to a house of ill-fame, or knowingly conceal or assist or abet in concealing such female, so deluded or enticed for the purpose of prostitution or lewdness, he shall be punished by imprisonment in the penitentiary not less than three nor more than ten years. [§5325.]
Penalty for prostitution.
If any person, for the purpose of prostitution or lewdness resorts to, uses, occupies or inhabits any house of ill-fame, or place kept for such purpose, or if any person be found at any hotel, boarding house, cigar store or other place, leading a life of prostitution and lewdness, such person shall be punished by imprisonment in the penitentiary not more than five years. [§5326.]
Incest.
If any person marry his father's sister, mother's sister, father's widow, wife's mother, daughter, son's widow, sister, son's daughter, daughter's daughter, son's son's widow, daughter's son's widow, brother's daughter, or sister's daughter, or, if any woman marry her father's brother, mother's brother, mother's husband, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, brother's son, or sister's son; or if any person, being within the degrees of consanguinity or affinity in which marriages are prohibited by this section, carnally know each other, they shall be deemed guilty of incest, and shall be punished by imprisonment in the state penitentiary for a term not exceeding ten years and not less than one year. [§5351.]
Illegitimate children. Complaint.
When any woman residing in any county in the state is delivered of a bastard child, or is pregnant with a child, which, if born alive, will be a bastard, complaint may be made in writing by any person to the district court of the county where she resides, stating that fact, and charging the proper person with being the father thereof. [§6113.]
Judgment.
If the accused be found guilty, he shall be charged with the maintenance of the child in such sum or sums and in such manner as the court shall direct, and with the costs of the suit. [§6119.]
Marriage of parents.
Illegitimate children become legitimate by the subsequent marriage of their parents. [§3391.]
MISCELLANEOUS PROVISIONS.
MISCELLANEOUS PROVISIONS.
Action for damages under prohibitory liquor law.
Every wife, child, parent, guardian, employer or other person who shall be injured in person or property or means of support, by any intoxicated person, or in consequence of the intoxication habitual or otherwise, of any person, shall have a right of action in his or her name, against any person, who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained, as well as exemplary damages; and a married woman shall have the same right to bring suits, prosecute and control the same, and the amount recovered, as if a single woman, and all damages recovered by a minor under this action, shall be paid to such minor, or his parent, guardian, or next friend, as the court shall direct, and all suits for damages under this section shall be by civil action in any court having jurisdiction thereof. [§2418.] Under this section a woman is entitled to recover for the death of her husband, or for personal injuries to him, or to herself caused by intoxication. She may recover damages for mental anguish, shame, or suffering, resulting from injuries to the person, and for injuries to, or loss of property, and means of support.
Parties in action for seduction.
An unmarried female may prosecute as plaintiff, an action for her own seduction and recover such damages as may be found in her favor. [§3760.] In a civil action for damages it is not necessary that an unmarried woman be of previously chaste character to enable her to recover for loss of health, physical suffering, etc., but without that she cannot recover for loss of character.
For injury or death of minor child.
A father, or in case of his death, or imprisonment, or desertion of his family, the mother may prosecute as plaintiff, an action for the expenses and actual loss of service resulting from the injury or death of a minor child. [§3761.]
Married women
A married woman may, in all cases, sue and be sued without joining her husband with her, to the same extent as if she were unmarried, and an attachment or judgment in such action shall be enforced by or against her as if she were a single woman. [§3667.]
Defense.
If husband or wife are sued together, the wife may defend for her own right; and if either neglect to defend, the other may defend for that one also. [§3768.]
When husband or wife deserts family.
When a husband has deserted his family, the wife may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have had; and under like circumstances the same right shall apply to the husband upon the desertion of the wife. [§3769.]
Evidence. Husband and wife.
Neither the husband nor wife shall in any case, be a witness against the other, except in a criminal prosecution for a crime committed one against the other, or in a civil action or proceeding one against the other; but they may in all civil and criminal cases, be witness for each other. [§4891.] In prosecutions for adultery or bigamy the husband or wife, as the case may be, is a competent witness against the other.
Communications between husband and wife.
Neither husband nor wife can be examined in any case as to any communication made by one to the other while married, nor shall they after the marriage relation ceases, be permitted to reveal in testimony any such communication made while the marriage subsisted. [§4892.]
Women eligible to office.
Women are eligible to all school offices in the state, including those of county superintendent and school director. [§§2828, 2829.]
No person shall be disqualified for holding the office of county recorder on account of sex. [§471.]
Police matrons.
Mayors of all cities having a population of twenty-five thousand or more, are authorized, by act of the Twenty-fifth General Assembly to appoint police matrons to take charge of all women and children confined at police stations. They are to search the persons of such women and children, accompany them to court, and "give them such comfort as may be in their power." No woman is eligible to this office who is under thirty years of age. She must be of good moral character, and sound physical health. Her application must be endorsed by at least ten women of good standing and residents of the city in which such appointment is made. When appointed she shall hold office until removed by death, resignation or discharge, but she can be dismissed only after charges have been made against her conduct and such charges have been investigated. She has the right to enter work houses where women are confined, at all times. She shall be subject to the board of police or to the chief of police. Her salary shall not be less than the minimum paid to patrolmen.
Right of suffrage.
In any election hereafter held in any city, incorporated town, or school district, for the purpose of issuing any bonds for municipal or school purposes, or for the purpose of borrowing money, or for the purpose of increasing the tax levy, the right of any citizen to vote shall not be denied or abridged on account of sex, and women may vote at such elections, the same as men, under the same qualifications and restrictions. [Act of the Twenty-fifth General Assembly.]
CONCLUSION.
CONCLUSION.
Common law in Iowa.
The rules of the common law have never prevailed in all their harshness in Iowa. At the time when the young state was born, public sentiment already demanded a code more just, and, as before noted, the first law for the protection or extension of the property rights of married women, was passed in 1846. Modifications and changes have followed each other through the entire history of our state legislation, until our present law approaches a condition so nearly one of equal and exact justice between the sexes, that it might serve as a model for other states less progressive than our own. Except in the way of political disabilities our law makes no discrimination against or in favor of women. They have all the rights and privileges enjoyed by men, and are subject to the same duties and responsibilities. Before the law they are equal, but, as a matter of fact, where the law does not interfere, how is it in regard to the property rights of the wife?Unmarried women. Property rights.The unmarried woman has control of her property, if she has any, to the same extent that an unmarried man has control of his. If she accumulates money or property by an expenditure of her time and labor, it belongs to her alone. She can keep it, give it away, will it, spend it, enjoy it, with the same unquestioned right and freedom enjoyed by her brother.Married women.But a married woman possesses no such independence, notwithstanding the laws in her favor. The circumstances of her life may be such,Law will not protect them.that the law will be powerless to protect her in the enjoyment of property which by right belongs to her. The relations and respective duties of husband and wife are such that the husband usually and necessarily controls the business and the family income. The amount of that income over and above the expenditures for family expenses, he invests as he chooses. If it is his will to invest it in real estate, the law says she may have a share of it after his death. If he deposits it in a bank or purchases stocks, bonds, mortgages, or other personal property, the law again says part of it shall be hers, if she survives him, and he has not disposed of it while living, as he has a legal right to do. In either case, she cannot control a single dollar during the life of her husband, if he chooses to deprive her of that privilege. The property accumulated during the marriage may be acquired by the wise judgment, strict economy and self-denial of the wife in connection with the time and labor of the husband. It may even be obtained wholly by her efforts, even though not arising from the profits of any "separate business" recognized by the law. Her contribution to the family income may, and generally does, come into the possession of the husband and he invests it in property to which he naturally and as a matter of course takes the title. During his life he controls it. After his death one-third will belong to the wife, if there are children. If there are no children one-half will go to his heirs no matter how distant the relationship may be.
Law may result in hardship and suffering.
In cases where the joint accumulations of husband and wife are only sufficient to support the wife in comfort after the death of her husband, the law of descent as it now stands, may result in positive hardship and suffering. No matter how small the amount of property belonging to a deceased husband may be, one-half of it will descend to his heirs, if he has no children, and the wife be left with no means of support. Of course the result would be the same in the case of the husband upon the death of the wife, if she held the title to all of the common property. That this law of descent has not operated to the disadvantage of the husband, but invariably to the disadvantage of the wife, is not due to any defect in either the letter or spirit of the existing law, but is the natural and inevitable result of the custom which gives the husband the title to and the control of the joint earnings of himself and wife.
Change or modification needed.
It is difficult to suggest a remedy or to conceive of any law which would adjust and equalize the relations of husband and wife in the ownership and control of common property during the lifetime of both, but if some just and wise legislator can devise some change or modification of the present law, which will not interfere with the husband's proper and necessary position as breadwinner and manager of the business of the family partnership, and which will give to the wife control of a portion of the family income while the husband lives, and when the total amount of property held by either, is only sufficient to afford a comfortable support to the other, will after the death of the owner of the property, secure it all to husband or wife, as the case may be, he will add to the laws of the state the one requisite necessary to secure to women equal property rights with men, and a more just distribution of intestate property.