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State V Evans Case Study

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State V Evans Case Study
State v. Evans, 671 N.W. 2d 720 (Iowa, 2003)
In the late 1990’s Rebecca Arnold was attending Scott County Community College for nursing. While attending college Arnold encountered Hubert Evans, a published photographer with a foot fetish. It was during this random interaction that Evans asked Arnold to photograph her feet, Arnold declined. Evans had even told Arnold that he helped other women, whose pictures he had taken become “big models”. At some point in 1998, Evans obtained Arnold’s telephone number and called her home and left a message with her father; Arnold did not respond. Evans called Arnold’s home a second and was instructed by Arnold’s father, Mr. Arnold not to call the residence again.
All appeared to be well for Arnold until she happened to cross paths with Evans in 2000, while in the drug store parking lot. As Arnold attempted to go about her business, Evans propositioned Arnold again, asking if he could take pictures of her feet as she approached the drug store. More specifically, Evans made a statement in reference to how he wanted Arnold’s legs to be photographed, “legs bare and apart.” The comment and even running into Evans again made Arnold disgusted as well as nervous as she finally made her way into the store; Arnold had again declined Evans’ offer.
Late in 2001, Evans
…show more content…
However, under Iowa law code 708.7(1)(b ), which states, in part that: … a person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. Evans contends that he never threatened Arnold. However, the ruling stood that beyond a reasonable doubt the jury could find the defendant guilty on the charges of harassment and that threatening the victim is not a necessary element of Iowa’s harassment

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