A judge will decide this week if a Council Bluffs woman will stand trial for allegedly aiding and abetting the sexual abuse of her daughter. According to the Daily NonPareil, 37-year old Catherine Provancha appeared in a Pottawattamie County courtroom Monday as her attorney, Chad Primmer, asked the court to dismiss the two sexual abuse charges against her. Fourth Judicial District Senior Judge J.C. Irvin is expected to rule on the motion within a couple of days.

Provancha turned herself in to authorities on Aug. 26th at the Pottawattamie County Courthouse. She had been charged with third-degree sexual abuse-aid and abetting. Provancha has now also been charged with second-degree sexual abuse, which carries a 25-year prison term, if she’s convicted.

Provancha remains in custody at the Pottawattamie County Jail with bail set at $25,000 and is under a no-contact order with the alleged victims. She had posted bail of $25,000 on Aug. 31, but the bond company revoked her bail. Provancha returned to Pottawattamie County Jail on Oct. 2nd. Provancha’s trial is set to begin Nov. 17th.

The woman’s attorney said during the hearing that his client did not actively participate in the sexual abuse, force her daughter to participate or threaten her daughter if she didn’t. Assistant Pottawattamie County Attorney Dan Salvo-McGinn said Provancha provided access for Steven Cain to allegedly commit the sexual abuse on the victim. He also said that the victim was under the age of 13 and couldn’t consent to having sex.

Cain was arrested on Aug. 5th and charged with two counts of assault with intent to commit sexual abuse and single counts of second-degree sexual abuse, third-degree sexual abuse with a minor over the age of 12 and third-degree sexual abuse with a minor under the influence.

According to the arrest affidavit, Provancha told investigators that she saw Cain perform sexual acts with her daughter when her daughter was under age 10. She said she also saw Cain make her daughter perform sex acts on him less than eight times, when her daughter was just 11 years old. The victim, who is now 18, told members of the Council Bluffs Police Department criminal investigation division about the alleged incidents on July 14th.