Minnesota Statutory Rape Laws Explained
The words Statutory rape can evoke some particularly strong images in people’s minds. They come from social media, the movies and sometimes even real life. Some people, including prosecutors, Judges and juries may immediately think of violence and force. As a result, these charges can be some of the most difficult cases to handle. Further, Minnesota regularly will aggressively sentence people convicted of these kinds of charges. And yet, if you really dig into statutory rape cases, some are often more about age and consent and whether a person can legally agree to have sexual contact rather than force and violence. Because of this, it is critical to have a Minnesota Sex Crimes Lawyer who understands the difference and can defend your rights.
So what exactly is Statutory Rape?
In general, statutory rape means having sexual contact with a child under the age of consent. The kind of sexual contact matters and can impact the charge but it is about more than that. Just because somebody says yes doesn’t mean that they legally have the ability to accept. People charged with statutory rape are charged based upon the age of the child, the age of the defendant, the nature of sexual activity, their relationship and other circumstances. Other factors that may impact the charge include threats or fear of harm or coercion as well as mental or physical impairment. As a result, it is critical that you contact an experienced sex crimes lawyer in order to know what you are facing. Jack is a St. Paul based Board Certified Criminal Law Specialist and a successful Sex Crimes Lawyer. Jack’s got your back.
Are there different levels of Statutory Rape in Minnesota?
Minnesota has four degrees of criminal sexual conduct and not all statutory rape charges are the same. A defendant can be charged based upon the age of the victim, the age of the defendant, the age between them, the nature of their relationship and the type of sexual contact. So what are the levels?
First degree Statutory Rape. This is when there is sexual penetration with an underage person. Sexual penetration includes penetration of the victim’s body or the defendant’s body. It applies in the following circumstances:
The child is less than 13 and the offender is three or more years older; or
The child is at least 13 but under 16 and the offender is four or more years older and in a position of authority over the child; or
The child is under the age of 16 and the offender is related to the child in some significant way (a parent, guardian, relative or a person who is responsible for the child’s health, welfare, or supervision).
Possible Defenses: Neither mistake as to age or consent is a defense.
Potential Punishments for 1st Degree Statutory Rape. First degree criminal sexual conduct is punishable by up to 30 years in prison and fines of up to $40,000.
Sexual Offender Registration Requirement. Registration as a Sex Offender for 1st Degree Statutory Rape can be particularly onerous. length of probation is based upon the the charge and the age of the child involved but typically 10 years to a lifetime.
Second degree Statutory Rape. This is when there is sexual conduct that falls short of sexual penetration with an underage person. It applies in the following circumstances:
The child is less than 13 and the offender is three or more years older ; or
The child is at least 13 but under 16 and the offender is four or more years older and in a position of authority over the child; or
The child is under the age of 16 and the offender is related to the child in some significant way (a parent, guardian, relative or a person who is responsible for the child’s health, welfare, or supervision).
Possible Defenses: Neither mistake as to age or consent is a defense.
Potential Punishments for 2nd Degree Statutory Rape. Second degree criminal sexual conduct is punishable by up to 25 years in prison and fines of up to $35,000.
Sexual Offender Registration. Registration as a Sex Offender for 2nd Degree Statutory Rape can be particularly onerous. length of probation is based upon the the charge and the age of the child involved but typically 10 years to a lifetime.
Third degree Statutory Rape. Similar to First Degree Criminal Sexual Conduct, in this case, a person engages in sexual penetration with an underage person - not just sexual contact. It applies in the following circumstances:
The child is less than 13 and the offender is not more than three years older; or
The child is between 13 but under 16 and the offender is between two and ten years older; or
The child is between the ages of 16-18 and the offender is at least three years older and is in the position of authority; or
The child is between the ages of 16-18 and the offender has a significant relationship with the child.
Possible Defenses: Where the alleged victim is at least 13, mistake of age may be an affirmative defense if the defendant is not more than ten years older than the alleged victim, the defendant is not in a position of authority nor has a significant relationship with the victim. It must be proven by a preponderance of the evidence and is an affirmative defense. Consent in itself is not a defense.
Potential Punishments for 3rd Degree Statutory Rape. In Minnesota, Third degree criminal sexual conduct is punishable by up to 15 years in prison and fines of up to $30,000.
Sexual Offender Registration. Registration as a Sex Offender for 3rd Degree Statutory Rape can be particularly onerous. length of probation is based upon the the charge and the age of the child involved but typically 10 years to a lifetime.
Fourth degree Statutory Rape. Similar to Second degree Criminal Sexual Conduct, this is when there is sexual touching but not penetration with an underage person. It applies in the following circumstances:
The child is less than 13 and the offender is not more than three years older; or
The child is between 13 but under 16 and the offender is between two two and ten years older; or
The child is between the ages of 16-18 and the offender is at least three years older and is in the position of authority; or
The child is between the ages of 16-18 and the offender has a significant relationship with the victim.
Possible Defenses: Where the alleged victim is at least 13, mistake of age may be an affirmative defense if the Defendant is not more than ten years older than the alleged victim. It must be proven by a preponderance of the evidence and is an affirmative defense. Consent in itself is not a defense.
Potential Punishments for Fourth Degree Statutory Rape. Fourth degree criminal sexual conduct is punishable by up to ten years in prison and fines of up to $20,000.
Sexual Offender Registration. Registration as a Sex Offender for 4th Degree Statutory Rape can be particularly onerous. length of probation is based upon the the charge and the age of the child involved but typically 10 years to a lifetime.
Don’t walk into a Minnesota courtroom alone.
If you or a loved one are charged with statutory rape in Minnesota, it is crucial that you contact a Board Certified Criminal Law Specialist to determine what the Court can do to you. It’s not just the prison time but also the sex offender registration possibilities. Talk to Minnesota Sex Crimes Lawyer Jack Rice. Jack is a Board Certified Criminal Law Specialist with decades of experience, is a former prosecutor and a former U.S. Federal Officer. Facing these kinds of charges, never walk into a courtroom alone.