Sex abuse conviction of Linn County man is overturned

The Iowa Supreme Court ruled today that evidence of prior sexual abuse violated a Linn County man's due process  when he was convicted in 2008 of second-degree and third-degree sexual abuse against a relative.

Matthew Cox, 27, was accused of fondling a relative when she was between four and six years of age in 1996 to 1998 and raping her when she was 12 in about 2003. Most of the incidents occurred at another relative's house.

At trial, two other relatives of Cox's testified she had been fondle by him, once at the same relative's house, and once in a car. The other victim testified Cox forced him to perform oral sex and Cox performed anal sex on him, starting when the boy was 6-years-old and some of the abuse took place at the same relative's house.

Cox filed a motion to sever the abuse evidence relating to the boy, but the state argued it should be admitted because of “common threads” or pattern of behavior in the testimony – all the alleged victims were relatives of the defendant, all were abused as children or pre teens and all had been abused at the same relative's home. The judge allowed it.

Cox contends on appeal the evidence shouldn't have been admitted because it involved other individuals other than the victim in this crime.

The Supreme Court ruled allowing the prior sexual abuse only shows a general tendency to commit wrongful acts instead of a legitimate issue like motive, opportunity and intent.

The district court conviction is now reversed and Cox will have a new trial.