Sex crimes are extremely serious and socially isolating, whether you are found innocent or guilty. A simple accusation is enough to damage a person’s reputation while a guilty verdict in court can almost destroy a person’s life.
If you, or someone you know, has been charged with statutory rape, or criminal sexual conduct, you need the services of an experienced attorney as soon as possible. Let’s discuss:
What Defines Statutory Rape?
Statutory rape, or criminal sexual conduct, is sexual activity between someone considered an adult and a child over the age of 13 and under the age of 16. This means that a child at age 15, or younger, cannot legally consent to sexual activity with any person over the age of 16. Any sexual contact with a minor who is unable to consent is considered coercive sexual activity and violent in nature.
Children under 16 cannot give consent for sexual activity because they have been deemed unable to consider the consequences of their actions and may not know the full implications of the decision that they are making. It may seem as if both parties gave consent, but, unfortunately, this is not possible under Minnesota law because one of the partners is still legally a child.
Basically, the child’s age is the only illegal part of the act. Everything else would have been legal if your partner was of legal age. Prosecutors and judges will look at a few things specifically when charging someone with statutory rape:
- Age of consent DURING the sexual activity.
- Age of the victim.
- The difference in age between the accused perpetrator and the apparent victim.
- The minimum age of the defendant.
- The career position held by the defendant.
A couple with a 3-year age difference will be treated much differently than two people with a 20-year, or so, age difference. Minnesota does not have “Romeo and Juliet Laws,” which were created to protect, for example, an 18-year-old senior in high school who is having sexual encounters with their 15-year-old sophomore partner. Basically, it will be considered statutory rape by the state of Minnesota if there are more than two years between the couple.
At the same time, prosecutors will look at the relationship between the defendant and the accuser before initiating charges. If the 15-year-old and the 18-year-old have had a romantic relationship, supported by their parents, for a significant length of time, the prosecutors may be lenient or decide not to do anything. These charges, and the consequences of these charges, have the potential to get you, as the kids say today, canceled.
Levels And Consequences Of Statutory Rape
As of 2021, there is no longer a statute of limitations on reporting sex crimes. This means that a victim can come forth at any time and accuse someone of this crime. A person who slept with a younger individual in 1970 can still be prosecuted today if there is enough proof.
Criminal sexual conduct, and thereby, statutory rape accusations come in different degrees with increasing consequences, depending on the details of the purported crime. A person with no criminal history can expect to spend at least 144 months in prison.
1st Degree Criminal Sexual Conduct, Felony
First-degree criminal sexual conduct refers to the molestation and penetration of a child under the age of 13. For the record, this means up to 30 years in prison with a $40,000 fine. Statutory issues are not charged at this level.
2nd Degree Criminal Sexual Conduct, Statutory Rape, Felony
Second-degree criminal sexual conduct refers to any sexual contact with a child between 13 and 16 that was coerced through violence, threats, or force. A dangerous weapon may have been involved and, usually, someone suffers an injury based upon the perpetrator’s actions.
Consequences range from at least 90 months to 25 years in prison and a $35,000 fine. Registration, assessment, and treatment are not optional; they are mandatory. Social, psychological, and work-related damage may be inevitable.
3rd Degree Criminal Sexual Conduct, Statutory Rape, Felony
Third-degree criminal sexual conduct is the actual penetration of a child between the ages of 13 and 16, without threats of violence or inducing fear. Consequences may be between 48 months and fifteen years in prison. Fine could add up to $30,000. Of course, upon release, registration, assessment, and treatment are mandatory.
4th Degree Criminal Sexual Conduct, Statutory Rape, Felony
Fourth-degree criminal sexual conduct refers to sexual actions, or conduct, without penetration, of a child between 13 and 16 years old. Consequences include 24 months to 10 years in prison with a fine of $20,000. At this point, probation or a stayed sentence may be options for certain defendants. Of course, upon release, registration, assessment, and treatment are mandatory, as well.
5th Degree Criminal Sexual Conduct, Statutory Rape, Gross Misdemeanor
Fifth-degree criminal sexual conduct is sexual contact and lewd conduct. This refers to, for example, kissing and inappropriate touching as well as showing your genitalia, or pictures of someone else’s genitalia, to someone between the ages of 13 -16 years.
The defendant could spend a year to fifteen months in jail with a fine close to $3,000. There is an option for stayed prison time and/or probation with the right defense.
Repeat offenders will be sentenced on the higher end of the consequence window. Minnesota takes these charges very seriously.
Possible Defense Strategies For Statutory Rape
For the record, not knowing a person’s age is not a defense for statutory rape while the accuser’s agreement to the act is also not a valid defense, since they cannot legally give consent. Intoxication or mistaken identity are also not defenses.
So, what do you do? How do you defend yourself against such accusations and protect your reputation, your career, and the rest of your life?
An experienced defense attorney who has tried cases like yours before is your best chance at a great deal, whether you go to trial or not. You need an experienced Minnesota criminal defense attorney in the courtroom whose entire goal is to protect your interests. Kevin DeVore is an excellent choice to defend your rights.
Contact us at DeVore Criminal Defense for top-notch and effective defense. Let’s schedule your free consultation.
Posted 3rd December 2021 by DeVore Law Office