State v. Bolsinger

John Bolsinger (defendant) supervised boys at a state facility for delinquent youths. An investigation by the Iowa Department of Human Services found that Bolsinger took boys into a private area and touched their genitals under the pretext of checking for medical problems like hernias or testicular cancer. The boys testified Bolsinger asked permission before touching them, that they didn't realize the touching was sexual, and that the program's rigid structure made it nearly impossible to refuse an instructor's request; they also said they would not have consented had they known the true nature of the contact. Bolsinger was convicted of third-degree sexual abuse, sexual exploitation by a counselor, and sexual misconduct with juvenile offenders; the court of appeals affirmed, and he appealed, arguing the trial court misapplied the third-degree sexual-abuse statute and wrongly classified his conduct as sex acts.