Rochester Minnesota Sex Crimes Lawyer

Sex Offenses Minnesota

Sex crimes, classified under the Minnesota Statutes as Criminal Sexual Conduct, carry with them some of the most severe and long-lasting consequences of any crime that is not premeditated murder. These consequences do not involve just prison sentences and probation, but often involve sex offender treatment programs that can significantly extend the criminal sentence, as well as sex offender registration, sometimes for a lifetime. Registration violations on their own carry significant penalties; for example, failure to notify authorities of a change of address within 72 hours carries a mandatory five-year prison sentence. Additionally, a sex crime conviction severely limits the pool of prospective employers that are willing to hire you.

If you have been charged with a sex crime, contact our office immediately. Our first consultation is free. We will walk you through the process, explain your options, and zealously defend your rights. Contact our Rochester Minnesota Sex Crimes attorney to see how we can help.

Rape Crimes

The current sex crime laws have been subdivided into five specific categories or degrees, from first to fifth, that are distinguished by the age of the victim and defendant, the relationship between the two, the type of sexual contact, and whether force was used or injury occurred.

Prior to this, the division of sex crimes was between “forcible rape” and “statutory rape”; however, these two divisions have now been incorporated into the 5 categories of criminal sexual conduct. Each category is very complex as to what meets the definition of the crime and sometimes just a few months plus or minus in the age difference between the victim and the offender can have a significant impact on the charge.

Criminal Sexual Conduct in the First and Third Degree

What would previously have been defined as “rape” (a non-consensual sexual act involving penetration) is covered under the first and third degree criminal sexual conduct statutes. These statutes also extend to several additional situations. On the other hand, the “sexual assault” statutes: Criminal Sexual Conduct in the Second, Fourth and Fifth Degree, cover forced or unwanted sexual contact that does not include penetration.

Criminal Sexual Conduct in the First Degree

Criminal Sexual Conduct in the First Degree involves a person engaging in sexual penetration with another person under any of the following circumstances:

• The victim was under 13 years old and the offender was 36 or more months older;
• The victim was at least 13 but not yet 16 years old and the offender was 48 or more months older and in a position of authority over the victim;
• The victim was in reasonable fear of imminent great bodily harm;
• The offender was armed with a dangerous weapon and used or threatened to use it to cause the victim to submit; or
• The offender was aided or abetted by one or more accomplices, and:
• an accomplice used force or coercion to cause the complainant to submit; or
• an accomplice was armed with a dangerous weapon and used or threatened to use it;
• The offender had a “significant relationship” to the victim who was under 16 years old.

First degree criminal sexual conduct has mandatory minimum sentencing required by statute of 12 years in prison for someone with no criminal history.

Criminal Sexual Conduct in the Third Degree

Criminal Sexual Conduct in the Third Degree also involves a person engaging in sexual penetration with another person, but under these different circumstances:

• the victim was under 13 years old and the offender was no more than 36 months older;
• the victim was at least 13 but not yet 16 years old and the offender was 24 or more months older;
• the offender used force or coercion;
• the offender knew or had reason to know that the victim was mentally impaired, mentally incapacitated, or physically helpless;
• the victim was at least 16 but not yet 18 years old and the offender was 48 or more months older and in a position of authority;
• the offender had a significant relationship to the victim and the victim was at least 16 but not yet 18 years old.

The statute further provides protection for sexual penetration involving therapists, clergy, false representation of medical purposes, correctional facility employees, and massage therapists.

Alcohol or Drug Related Sex Crimes

A good majority of criminal sexual conduct cases involve sexual contact between adults in which alcohol or drugs were involved and one party does not recall consenting, or simply does not recall the events at all. Minnesota statutes allow for prosecution under these circumstances and, in fact, the statutes specifically note that the testimony of the complainant does not need to be corroborated in any way.

Contact Us Today For a Free Consultation

If you find yourself accused of a sex crime, it is crucial to involve an attorney in the early stages of the process. Please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.