Rochester Minnesota Sexual Assault Lawyer

Sexual Assault Offenses Minnesota

As noted on this page the terms “rape” and “sexual assault” are no longer used as specific crimes with definitions of their own. Rather, all behavior that would fall under “rape” and “sexual assault” has been included under the Criminal Sexual Conduct statutes, which is how Minnesota categorizes sex-related crimes. Under these statutes, criminal acts that involve sexual penetration fall into First and Third Degree Criminal Sexual Conduct; and acts that involve forced or unwanted sexual contact which does not include penetration fall into Second, Fourth and Fifth Degree Criminal Sexual Conduct.  In addition to Criminal Sexual Conduct, sex crimes in Minnesota also include Indecent Exposure as well as Prostitution.

One other group of sex crimes are those that have been in the criminal statutes for a very long time and rarely enforced. These include adultery, fornication and sodomy. Because repealing them would require politicians to basically state that they approve of adultery and sodomy, it is likely that these crimes will remain in the criminal statutes for some time to come.

This page will address the “sexual assault” statutes, Criminal Sexual Conduct in the Second, Fourth and Fifth Degree, which cover forced or unwanted sexual contact which does not include penetration. For a more detailed look at the “rape” statutes, click here.

If you have been charged with any sex crime, contact our office immediately. It is crucial that you receive impeccable representation starting from the early stages of the case. Your future is undoubtedly at stake. Our first consultation is free. We will walk you through the process, explain your options, and zealously defend your rights. Contact our Rochester Minnesota Sexual Assault attorney to see how we can help.

Criminal Sexual Conduct in the Second Degree

Criminal Sexual Conduct in the Second Degree is almost identical to Criminal Sexual Conduct in the First Degree, with the exception that the offense involves “sexual contact” as opposed to “sexual penetration.” Criminal Sexual Conduct in the Second Degree involves a person engaging in sexual contact 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.

Criminal Sexual Conduct in the Fourth Degree

Criminal Sexual Conduct in the Fourth Degree is almost identical to Criminal Sexual Conduct in the Third Degree, with the exception that the offense involves “sexual contact” as opposed to “sexual penetration.” Criminal Sexual Conduct in the Fourth Degree involves a person engaging in sexual contact with another person under any of the following 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 contact involving therapists, clergy, false representation of medical purposes, correctional facility employees, and massage therapists.

Criminal Sexual Conduct in the Fifth Degree

Criminal Sexual Conduct in the Fifth Degree is the only non-felony level criminal sexual conduct statute; however, repeat offenses can rise to the felony level. Criminal Sexual Conduct in the Fifth Degree is a gross misdemeanor and is committed when an offender:

• engages in nonconsensual sexual contact; or
• engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.

In addition to the meaning in common usage, “sexual contact” includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments and any nonconsensual touching of the defendant's intimate parts by the victim, when done with sexual or aggressive intent. 

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.