One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren’t admissible as evidence in court to prove a suspect’s character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.
Knowing when past charges are admissible and their impact on your case can help you understand what to anticipate during the trial and prepare accordingly. Working with an experienced criminal defense lawyer can also help you fight the admissibility of past allegations in your case.
Wondering whether past allegations of sex crimes can be used against you in Minnesota? Call (952) 913-1421 for dedicated legal help and representation from sex crime defense attorneys at Keller Law Offices.
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How Past Sex Crime Allegations Can Impact Your Case in Minnesota
Past sex crime allegations can aggravate your case if the court allows them to be used against you. In Minnesota, criminal sexual acts are categorized from first-degree to fifth-degree crimes. Depending on the degree and circumstances of the crime, a first-time sex offender may face up to 30 years in prison and $40,000 in fines. If prior sexual misconduct allegations are presented in your current case, you’re likely to face even harsher legal penalties and diminished chances of securing a favorable outcome.
Punitive Legal Penalties
Although your previous sex crime allegations may not have led to a conviction, the prosecution usually considers such allegations as aggravating factors. Such allegations may make you seem dangerous and harmful to the public if the court allows them to be used in your case. You may face severe or punitive legal consequences because you will be considered a repeat offender.
Diminished Chances of a Favorable Outcome
If the prosecution gets the nod to use past criminal allegations as evidence, it intentionally displays your criminal record. Past criminal charges send a message to the judge or jury that there’s a higher probability that you committed the current crime. This alleged predisposition to committing crimes takes away any shadow of innocence you may have. In such a case, it becomes almost impossible to convince the jury to give an “innocent” verdict or prod the judge to show leniency during sentencing.
Registration as a Sex Offender
Your past sex crime allegations – submitted as evidence in your current case – may make you subject to further investigations. As punishment for repeat offenses, you might be ordered to register as a sex offender. Sex offender registration can dent your reputation and adversely affect your professional and private life. Such negative labeling restricts your traveling patterns. It also subjects you to social stigma and discrimination.
Sex offender registration applies to anyone convicted of committing first- to fourth-degree criminal sexual acts. It also applies to a person convicted of a sex crime involving kidnapping, possession/distribution of child pornography, and sexual misconduct resulting in murder. The convicted person must register as a sex offender for 10 years. That means the person will live with the implications of the past crime for that entire period.
When Are Previous Allegations Admissible in a Minnesota Court?
The kind of evidence used against you in court impacts how the jury makes its verdict. The prosecution’s primary job is to nail you down. It will use every legal means possible to prove your guilt. So, understanding the kind of past charges brought against you and when they can be used in your case can help protect your legal rights and freedom. Having a criminal defense attorney in your corner can improve your odds of winning the case.
The Minnesota Rules of Evidence governs the use of past allegations in criminal cases. Past criminal sexual behavior isn’t admissible as evidence in court to gauge an individual’s character and argue its conformity with a committed crime. In other words, the prosecution can’t use past sex crime allegations to demonstrate that a suspect’s past actions make him or her the likely perpetrator in the new crime he or she is purported to have committed.
However, there are circumstances in which the law takes away the protection against possible admissibility of past sex crime allegations. In most cases, the court accepts that evidence if it’s determined:
Existence of a Domestic/Household Relationship
The case may fall under domestic abuse if you had a household relationship with the complainant. Past allegations of criminal sexual acts may be used as evidence to tie you to the current crime. Under Minnesota criminal law, domestic abuse may include:
- Domestic assault (either physical violence or fear of imminent harm);
- Breach of an Order for Protection or No-Contact Order;
- Third-degree felony assault with physical injuries;
- Threats of violence or terror attacks; and
- Sexual harassment or assault.
So, the prosecution may dig up your past sex crime allegations if you’ve been accused of domestic abuse by someone with whom you shared a household relationship. It will then try to present prior bad acts as evidence to prove that you’re likely the perpetrator of the current crime.
You Knew the Complainant, but Had No Domestic Relationship
Past sex crime charges aren’t only limited to cases of domestic abuse. Past criminal allegations may also be brought to light if the prosecution establishes that you were acquainted with or knew the complainant, even if you didn’t share a domestic relationship. The objective of presenting past sex crime allegations isn’t to use them as evidence. Instead, it is to link the previous bad behavior to the current offense. For example, to demonstrate a strained relationship between the two parties that know each other.
In such a case, a Minnesota judge will accept the evidence if it proves motive, intent, relationship history, opportunity, malice, and the defendant’s attitude toward the complainant.
However, the court will deny the admissibility of prior bad acts as evidence if it determines that the process will make the legal proceedings unfair or prejudicial to the accused. Adherence to this legal standard is crucial in ensuring the accused gets a fair trial. Thus, the prosecutor’s office must also focus on proving its burden, instead of concentrating all its efforts on proving that you’re a bad individual.
A Pattern of Bad Behavior Exist
The prosecution may try to use past allegations of sex crimes to establish a pattern of the alleged offender’s bad behavior in a case where neither party is sober enough to say yes. This is especially true if alcohol or drugs were a factor in the past allegations. Fortunately, your lawyer will challenge the admissibility of past allegations by demonstrating that they are unfairly biased and irrelevant to the current case.
Minnesota Statute of Limitations on Sex Offenses
What is the statute of limitations on sexual assault? Minnesota removed statute of limitations on criminal sexual conduct from first-degree to fourth-degree sex crimes on September 15, 2021.
The new law allows the prosecution of 1st- to 4th-degree sex crimes regardless of when they were committed. Additionally, the prosecutor can present past sex crime allegations as evidence in an ongoing trial, even if they were previously dismissed or nullified based on the fact that the statute of limitations elapsed under the old law.
Why You Need a Criminal Defense Lawyer to Handle Past Allegations in Your Case
Working with a criminal defense attorney in Minnesota is crucial, especially if you discover that the prosecution plans to use your prior sex allegations as evidence in court. A sex crime lawyer can fight the admission of such evidence in various ways, including:
Challenging Evidence Admissibility
During a trial, a Minnesota sex crime defense lawyer has the legal right to challenge the admissibility of previous allegations if questions arise relating to the legality of the evidence collection procedures. Law enforcement officers must follow legal procedures when obtaining evidence. The lawyer can file a motion to suppress and stop the court from admitting pieces of evidence if the lawyer determines they were obtained illegally.
Cross-Examining Witnesses
Sometimes, witnesses may be pressured into giving unreliable and questionable testimonies. It’s the defense attorney’s responsibility to cross-examine witnesses to expose questionable statements.
The attorney may support his or her defense by bringing expert witnesses who can offer reliable, unbiased, and objective professional opinions. The expert witness testimony may disprove evidence by the prosecution, whether it’s scientific or technical evidence.
At Keller Law Offices, we have a team of knowledgeable and skilled sex crime defense lawyers dedicated to upholding criminal justice and protecting clients’ rights. Our lawyers will evaluate the evidence presented against you and use our experience in the Minnesota legal system to challenge its admissibility. Contact us today to schedule a sit-down with one of our lawyers.
