Minnesota’s statute governing statutory rape is stringent, to say the least. Any person charged and successfully convicted of a statutory rape charge in Minnesota may end up serving a lengthy jail time accompanied by a hefty fine. In addition to the statutory penalties, a criminal conviction can ruin your record for the rest of your life. As such, you may miss out or even complicate simple things like getting a job or a loan.
Therefore, if you or your loved one has been charged with statutory rape in Minneapolis and St.Paul, it is imperative to take the necessary steps to avoid the stringent penalties associated with the charge. Contacting a Minnesota criminal defense attorney should be done from the onset, even if there’s merit to the charges. In essence, an attorney helps you build a solid defense against the evidence tabled by the prosecution.
That said, you are probably wondering what statutory rape is and the defenses that your attorney can invoke. Here is a breakdown of all you need to know about a statutory rape charge and defenses in Minnesota.
What is Statutory Rape in Minneapolis and St.Paul?
Put simply, statutory rape is defined as an act of sexual relations with a child who is considered to be below the age of consent in Minnesota. Although the age of consent varies depending on the jurisdiction, in Minnesota, the age of consent is typically 16 years of age.
This means that you can face charges of statutory rape if found to have engaged in an act of sexual relations with a person considered to be too young by legal standards, even if they consented to the act.
In addition, it is imperative to note that persons up to 18 years are prohibited from engaging in any acts of sexual relations with a person in a position of authority over them.
Defenses to a Statutory Rape Charge in Minneapolis and St.Paul
If you are accused of statutory rape in Minnesota, you can avoid the severe penalties associated with the charges by hiring a competent and qualified criminal defense attorney. In essence, a criminal defense attorney in Minnesota can invoke certain defenses to the rape charge to the effect that they impeach the credibility of the prosecution’s evidence and exonerate you.
The common types of defense against a statutory rape charge include:
Marriage
The defense of marriage as part of the marital rape exemption under section 609.349 of Minnesota’s statute is a solid defense to a statutory rape charge in Minnesota. However, in order for this defense to succeed, your attorney will need to prove the following:
- That the defendant and the minor were married at the time of the sexual activity
- That both parties consented to the sexual activity
- The “victim” and the defendant were living together at the time of the alleged offense.
The “Romeo and Juliet” Exception
Can a 15-year-old in Minnesota who has consensual sex with a 14-year-old in Minnesota be prosecuted? The simple answer is no. This is because Minnesota’s laws contain an exception to the effect that it protects young people from consensual sexual activity with other young people.
Put simply, this (Romeo and Juliet) exception applies only if penetration occurs and the older person is not more than 24 months older than the younger ones.
Also, it is essential to note that a person may fail to be prosecuted if sexual penetration does not occur and the older person is less than 48 months older than the younger person.
Mistake of age and consent of victim
Generally speaking, mistake of age is not a defense against statutory rape in Minnesota as provided under MINN. STAT. § 609.344, subd. 1. However, the law provides that the defense can be invoked in certain instances. Also, consent of the victim is not a defense.
Accused of Statutory Rape in Minneapolis and St.Paul? Contact a Criminal Defense attorney.
Legally speaking, the defense of consent is not applicable in Minnesota. This makes it even harder for an accused person to defend themselves against a statutory rape charge in our jurisdiction. However, taking the proper steps towards building a robust defense can go a long way in avoiding the consequences of a conviction.
Contact a DeVore Statutory Defense Attorney in Minnesota today for a free case evaluation. We can help you avoid all the stringent consequences.
Posted 23rd December 2021 by DeVore Law Office