From the Benton County Attorney’s office
On Wednesday, August 18, 2021 Kyle Robert Mall, 38, Belle Plaine, was found guilty of two Counts of Sexual Abuse in the Second Degree, two counts of Lascivious Acts with a Child, and two counts of Assault With Intent to Commit Sexual Abuse.
Sexual Abuse in the Second Degree is a Class B felony that carries a 25 year prison sentence that requires the Defendant to serve 70 percent of the sentence before he is eligible for parole (which is 17.5 years).
Lascivious Acts with a Child is a Class C Felony which carries a 10 year indeterminate prison sentence and a minimum fine of $1,375 up to a maximum fine of $13,660. Both Sexual Abuse in the Second Degree and Lascivious Acts with a Child further require the Defendant to serve a special sentence of lifetime parole and require him to be on the Sex Offender Registry for Life. Assault With Intent to Commit Sexual Abuse is an Aggravated Misdemeanor which carries a maximum sentence of two years in prison. The defendant will also be required to make victim restitution.
Trial commenced before the eight women and four men jury on August 9, 2021 in the Iowa District Court in Benton County. The case was submitted to the Jury at 1:20 p.m. on August 18, 2021. At 4:10 p.m., after two hours and fifty minutes of deliberations, the jury found the defendant to be guilty on all charges.
The Defendant systematically sexually abused two children, age four, over the course of calendar year 2019 through March of 2020. The children, now age six, testified in person at trial in the presence of the Defendant. The Honorable Judge Justin Lightfoot presided over the trial. The defendant was represented by attorneys Jennifer Frese and Mark Brown.
The State would like to thank and commend the two courageous children who testified at trial, the Iowa Department of Human Services and Belle Plaine Police Department, who investigated this case, the St. Luke’s and Allen Child Protection Centers, and the other witnesses who made this prosecution successful. The State would also thank attorney Victoria Cole, who helped the children through the trial process by serving as Guardian Ad Litem.