from the Iowa District Court for Cherokee County, Nancy L.
DeLong appeals the judgment and sentence entered upon his
convictions for third-degree sexual abuse and providing
alcohol to a minor.
C. Smith, State Appellate Defender, (until withdrawal) and
Maria Ruhtenberg, Assistant Appellate Defender, for
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
hearing evidence Eddie DeLong plied fourteen-year-old M.G.
with alcohol and committed a sex act against her, a Cherokee
County jury found him guilty of sexual abuse in the third
degree and supplying alcohol to a minor. The district court
sentenced him as a habitual offender. On appeal, DeLong
argues the district court abused its discretion in denying
his motion to present testimony about M.G.'s sex life
under the source-of-injury exception in Iowa's
rape-shield law. See Iowa R. Evid. 5.412. He also
challenges the habitual-offender colloquy and the fine
imposed under Iowa Code sections 902.8 and 902.9(1)(c)
the district court reasonably viewed as speculative the
proposed testimony suggesting an alternative explanation for
M.G.'s pain the morning after her encounter with DeLong,
we find no abuse of discretion in the court's rape-shield
ruling. Accordingly, we affirm DeLong's convictions. But
we reverse the habitual-offender judgment and remand for
further proceedings because DeLong's stipulation of prior
offenses fell short of the requirements in State v.
Harrington, 893 N.W.2d 36');">893 N.W.2d 36, 45-46 (Iowa 2017). We need
not reach the issue concerning the concededly erroneous fine
as resentencing will be required.
Facts and Prior Proceedings
reasonable jury could have found the following facts. M.G.
was fourteen years old in the summer of 2016 when she met
DeLong's twelve-year-old daughter at a local swimming
pool. M.G. and DeLong's daughter eventually made plans
for a sleepover at DeLong's house on the night of June
house, DeLong took a bottle of wine out of the refrigerator
and asked the girls if they wanted a drink. M.G. said yes and
took a sip out of the bottle. DeLong told M.G. not to tell
anyone about the drinking or he would get in trouble. Later
that night, DeLong's daughter took a shower, and M.G.
changed into pajamas. While M.G. was alone in the bedroom,
DeLong came in and said "he wanted [her] to feel
comfortable and at home in his house and [that] he
wouldn't judge [her] for anything [she] did or
said." As he said this, DeLong was "moving
closer" to M.G., which made her
five minutes later, DeLong offered M.G. a can of
"Straw-Ber-Rita," an alcoholic beverage described
as a strawberry-flavored margarita. At DeLong's
prompting, M.G. took a sip. When M.G. said she liked it,
DeLong left the room for a few minutes and returned with
"the drink in a tall blue glass." DeLong warned
M.G. not to tell his daughter that M.G. was drinking alcohol.
M.G. drank the whole glass and thought it tasted
"[s]lightly different" than her first sip. The
drink made M.G. feel "fuzzy" and "weak."
It also made her head and stomach hurt.
mother called her as many as twenty times that night and-
uncharacteristically-M.G. did not answer. When M.G.
eventually answered around 1:00 a.m., she "did not sound
like herself." According to her mother, M.G.
"sounded very lethargic," "[h]er words were
very drawn out," and it was "like she wasn't
almost even coherent of even acknowledging that she was on
the phone with [her mother]." After a short pause,
DeLong's daughter (who "sounded very awake, very
peppy") took the phone and told M.G.'s mother
"[e]verything was fine." Later, the girls watched a
movie in the living room, but M.G. remembered feeling so
tired it was like she "couldn't move."
DeLong's daughter went to bed, leaving M.G. alone.
point in the night, DeLong joined M.G. on the couch and
started "rubbing and squeezing [her] chest" with
his hands. DeLong rubbed M.G.'s vagina with his hands
over her pajamas. She recalled he was breathing
"heavy." DeLong then pulled M.G.'s pants down
to her knees. M.G. remembered being too scared to say
anything. M.G. fell asleep and did not wake up until noon.
When she awoke, she found vomit on her shirt. She went to the
bathroom and noticed her pants were on backwards and her
underwear was spotted with blood. She knew she had put her
pants on facing the right way when she changed the night
before. Her vaginal area hurt when she wiped after using the
bathroom. M.G. testified her genitals were not sore before
she went to bed.
mother and father noticed a change in their daughter's
behavior after the sleepover. M.G. was "just sad, very
sad, very distant, wouldn't talk, wouldn't eat. She
wasn't going out, hanging with her friends. She was no
longer going to the pool. She just wanted to stay home and
just be left alone." M.G. also had trouble sleeping and
would even curl up on the floor near her parents' bedroom