Appeal from the Iowa District Court for Marion County, Paul R. Huscher, Judge.
Patrick Edouard appeals from his convictions of sexual exploitation.
Gary Dickey and Angela Campbell of Dickey & Campbell Law Firm, P.L.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Ed Bull, County Attorney, and Scott Brown and Laura Roan, Assistant County Attorneys, for appellee.
Heard by Potterfield, P.J., and Doyle and Bower, JJ.
Patrick Edouard appeals from his convictions of sexual exploitation. We reverse his convictions and remand for a new trial consistent with this opinion.
I. Background Facts and Proceedings.
From 2003 to 2010, Patrick Edouard served as the pastor of the Covenant Reformed Church in Pella, Iowa. In January 2011, four female members of Edouard's congregation alleged Edouard, while counseling them, repeatedly engaged in sex acts with them. Edouard was subsequently charged with three counts of third-degree sexual abuse, in violation of Iowa Code section 709.4(1) (2011), four counts of sexual exploitation by a counselor, in violation of section 709.15(2)(c), and one count of the crime of pattern, practice, or scheme to engage in sexual exploitation, in violation of section 709.15(2)(a). Venue in the matter was changed, and a jury trial followed.
At trial, Edouard admitted he engaged in sexual conduct with the four parishioners. However, he denied he was a "counselor or therapist" who provided them any "mental health services." Following a ten-day jury trial in Dallas County, the jury found Edouard guilty of four counts of sexual exploitation by a counselor or therapist, and one count of pattern, practice, or scheme to engage in sexual exploitation. The jury acquitted Edouard of the three counts of third-degree sexual abuse.
Edouard now appeals, asserting numerous claims, including that the district court erred in failing to include in the jury's instructions the definition of "counseling, " as defined by the Iowa Supreme Court in State v. Gonzalez, 718 N.W.2d 304, 308 (Iowa 2006), resulting in prejudice to him. Because we find this issue dispositive, we need not address his other claims raised on appeal.
A. Jury Instructions.
"A trial court must instruct on all material issues raised by the evidence." State v. Broughton, 425 N.W.2d 48, 51 (Iowa 1988); see also Iowa R. Civ. P. 1.924 ("The court shall instruct the jury as to the law applicable to all material issues in the case . . . ."); Iowa R. Crim. P. 2.19(5)(f) ("The rules relating to the instruction of juries in civil cases shall apply to the trial of criminal cases."); State v. Marin, 788 N.W.2d 833, 837 (Iowa 2010). "In criminal cases, the court is required to instruct ...