Cedar Rapids man convicted for sexual abuse of child

CEDAR RAPIDS — A Cedar Rapids man was found guilty last month of sexually abusing a child when she was 4 to 5 years old. He faces up to 25 years in prison.

Robert Allen Fisher Jr., 34, of Cedar Rapids, was charged with two counts of second-degree sexual abuse of a 4- to 5-year-old girl and a 6- to 7-year-old boy over a period of time from Jan. 1, 2013 to Dec. 31, 2014 in Hiawatha.

The children, not being identified because they are sexual abuse victims, didn’t report the incidents until 2021, which isn’t unusual for child victims. At that time, the girl was 11 and the boy 13, according to a criminal complaint. Both children described during a forensic interview at St. Luke’s Child Protection Center how Fisher sexually abused them. Neither were his children, according to court documents.

The trial had been delayed several times since charges were filed and Fisher waived his right to a jury trial and asked for bench — non jury — trial.

Sixth Judicial District Judge Justin Lightfoot, in his verdict, found Fisher not guilty of sexually abusing the boy, but found Fisher guilty of the girl’s abuse.

Lightfoot, in his verdict, said he found the girl’s testimony credible. She was nervous and her hands were fidgeting, which he would expect from a child that age who is being required to talk about the abuse in open court. She answered the questions in her own words and wasn’t reciting information as if it had been provided to her, he noted.

Her credibility was “bolstered” when she refused to provide answers for things she didn’t recall, Lightfoot said. She was 4 or 5 years old at the time, so it’s “completely normal” for someone that age to remember a “traumatic event” of someone inappropriately touching her but not many other details. Her description of the abuse itself was “definitive, clear and internally consistent,” according to the verdict.

Lightfoot said there were some reasons to believe the boy also truthfully testified about sexual abuse and was consistent throughout his testimony. However, he found key differences between each child’s testimony. The boy didn’t disclose his abuse until after the girl did. The boy denied talking to the girl about her abuse and said he wasn’t present when the girl talked to an adult about it.

Lightfoot, in his verdict, said it would be a “remarkable coincidence” for the boy, after five years, to suddenly report on the past abuse within a short period of time after the girl reported, unless he overheard a discussion regarding what the girl reported. It doesn’t mean that the boy’s report was false, but because he denied talking to the girl about the abuse, it does raise a question as to the timing of his disclosure, the judge noted.

The boy’s testimony also didn’t “align” with some evidence in the case, according to the verdict. The boy said he told an adult many specific details but the adult testified he didn’t even tell her where Fisher touched him. There are also other details that don’t match up between the two children. Lightfoot’s concern is that the boy may have been trying to “fill in the gaps” of his memory based on what the girl disclosed, which impacts the reliability of his testimony.

Lightfoot concluded that the boy may have been abused, but he can’t find beyond reasonable doubt that Fisher committed the sexual abuse against the boy.

Assistant Linn County Attorney Molly Edwards said both kids “demonstrated tremendous courage” in facing Fisher, not only at trial, but also in depositions.

Edwards said the victims delayed reporting because Fisher threatened to hurt them and other loved ones if they told anyone.

“This was the first trial I have ever done where I didn’t have a single exhibit,” she noted. “The case rested entirely on the credibility of the kids. I’m proud of both kids for having the courage to come forward in the first place, for having patience with the many delays of the trial and for speaking their truth at trial.”

Fisher will have to serve a mandatory 70 percent of his 25 year sentence before being eligible for parole. At sentencing, he also will be ordered to comply with the sex offender registry requirements and serve a special sentence of parole.

Sentencing is set for June 9 in Linn County District Court.

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