Sex Crime Attorneys Minnesota
There are many defenses available to defeat a charge of criminal sexual conduct. In 2006, I represented a client in Anoka County, Minnesota who was charged with 3rd Degree Criminal Sexual Conduct and 4th Degree Criminal Sexual Conduct. The defendant was engaging in consensual sexual intercourse with the alleged victim when by mistake he penetrated her anus; a sexual act to which she did not consent. Our defense was accidental anal intercourse. The jury found the defendant Not Guilty on both counts.
In 2014, I defended a client against a charge of 3rd Degree Criminal Sexual Conduct in Hennepin County, Minnesota. The alleged victim claimed that the defendant forcefully penetrated her vagina in the hallway of an apartment complex after she spent the evening with the defendant and his girlfriend. The defense in that case was consent. The alleged victim seduced my client in the hallway of the apartment complex and then cried rape to protect her reputation and save face as she was a close personal friend of my client’s girlfriend. The jury returned a verdict of Not Guilty.
If you are in need of the services of a sex crimes defense attorney, call Robert J. Shane for “The Best Defense” at (612) 339-1024.
Understanding First-Degree Criminal Sexual Conduct: Laws and Defenses
The crime of first-degree criminal sexual conduct is the most serious of the sex crimes. It involves the sexual penetration of any person without consent or sexual contact with a person under the age of 13 where the suspect is more than 36 months older. The mistake of the minor’s age nor the minor’s consent are defenses to this charge. A person can also be prosecuted for this offense if the victim is 13 years of age but less than 16 and the defendant is more than 48 months older than the victim and in a position of authority. Again, mistakes of age and consent are not legal defenses to the charge of first-degree criminal sexual conduct. If you are charged with this offense, the hiring of a Minneapolis, MN criminal defense attorney will be necessary to protect your freedom. A first-degree charge involving sexual penetration may be based on causing fear in the victim; the use of a dangerous weapon; the infliction of injury to the victim; and the presence of an accomplice when there is force, coercion, or the use of a dangerous weapon.
Sexual penetration is a necessary element of proof in a first-degree case except when the alleged victim is under the age of 13 and there is sexual contact.
The definition of a “significant relationship” includes certain family relationships that are defined by statute. A criminal defense attorney in Minneapolis may determine you do not fall within the definition of having a “significant relationship” with the alleged victim and move to dismiss the criminal complaint.
The county where a child abuse case is prosecuted may be either the residence of the child at the time of abuse or the child’s residence when the abuse is discovered. A criminal attorney in Minnesota may be able to dismiss the charges when the location of the prosecution is improper.
The crime of second-degree criminal sexual conduct involves sexual contact instead of penetration. The prosecution in this charge is not required to prove that the alleged sexual contact with the victim was coerced. The penalties upon conviction are less serious than a first-degree criminal sexual conduct case.
Third-degree criminal sexual conduct requires penetration, like first-degree, where the alleged victim is under 13 years of age and the perpetrator is no more than 36 months older. Again, the mistake of age and the consent defenses do not apply to this charge. This charge may also be used where the alleged victim is at least 13 years of age but less than 16, and the defendant is more than 24 months older. A criminal defense attorney in Minneapolis may use the affirmative defense at trial that his client believed the alleged victim was 16 years of age or older. A third-degree charge may also be prosecuted where the defendant uses force or coercion, or the victim is mentally impaired or physically helpless. This charge may also be used by the prosecution when an alleged victim is at least 16 years of age but less than 18 and the defendant is more than 48 months older than the victim and in a position of authority over the victim. Under these circumstances, a mistake as to the age of the alleged victim or the consent of the victim is not a viable defense. This charge may also apply where a defendant is a psychotherapist and the alleged victim is psychologically dependent upon him or her, or penetration is accomplished bydeceptionor false representation that the penetration is necessary for medical reasons. A charge is also possible where the defendant is a member of the clergy and penetration occurs while the alleged victim is seeking spiritual advice.