If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.
Facing criminal charges can tarnish your reputation and take away your freedom. It’s critical to know when to partner with a criminal defense lawyer to ensure your rights are protected and improve your odds of avoiding a conviction.
At Keller Law Offices, we have a team of dedicated criminal defense attorneys. Our lead criminal defense attorney, Max Keller, is a former prosecutor experienced in litigating sex crimes in Minnesota. He will fight for your rights, help you avoid conviction, and clear your name. Call (952) 913-1421 to schedule your free consultation.
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How Is Consent Defined Under Minnesota Law?
Consent refers to the willful agreement between two persons to engage in a sexual act. Two parties must mutually and voluntarily agree to partake in a sexual activity. A sexual encounter becomes a criminal offense when a person engages in the act because of pressure, coercion, intimidation, or duress.
Based on the above definition, the concept of consent in sexual acts seems quite clear – it’s a voluntary and affirmative agreement. However, Minnesota’s statutes provide additional points that affect the interpretation of a consent. Under Minnesota law:
- A consent can be expressed as words or an overt act demonstrating someone’s intention to engage in a sexual activity
- The consenting individual must affirmatively and willfully agree to engage in a sexual act
- The alleged complainant not resisting one’s sexual advances doesn’t make sex consensual
- A prior relationship between two individuals can’t be a substitute for consent
- Consent to partake in a sexual act doesn’t mean one has agreed to sexual penetration
- A person who is physically helpless or lacks the mental capacity or authority can’t consent to a sexual act
How Does Consent Impact Sex Crime Charges?
The idea of consent in a sex crime case has different meanings because the circumstances in which the act takes place, the victim’s age, and physical and mental conditions affect its interpretation and, subsequently, the criminal penalties. To better understand the impact of consent in a sex crime charge, it would be best to know how proving consent works under Minnesota statutes.
Proving Consent in a Sex Crime Case
If you’ve been accused of a sex crime, your primary focus will be to prove consent, while the prosecution will work to establish a lack of consent to prove you guilty. Under federal law, demonstrating a lack of consent requires corroborative testimony from a witness. In Minnesota, however, corroborative testimony is not necessary to prove a lack of consent.
People normally mistake silence to mean consent. Under Minnesota law, silence doesn’t mean that someone doesn’t object to the sexual act. It also does not imply consent. Someone can accuse you of sexual harassment or assault, even if they didn’t physically resist your sexual advances.
The evidence presented in a sex crime case to prove consent can lead to a lengthy legal battle. The defendant and the prosecution usually disagree about consent. An experienced sex crime attorney knows what questions to ask witnesses in court, with the primary focus of proving consent and having your charges dropped.
Consent Withdrawal
A common misconception is that consent to a sexual act is an absolute “yes” decision that can’t be changed, rethought, or withdrawn. On the contrary, consent is an ongoing agreement that must last the entire length of the sexual activity. According to Minnesota law, consent is not only a voluntarily given agreement; it must be present.
The individual who consented to the act can withdraw the consent at any point during the act. Additionally, someone can only consent to a sexual act, and the person can withdraw that consent if you indulge him or her in another sexual act. If at any point your partner becomes incapacitated during the encounter for any reason, you cannot use consent as a defense. This is because incapacity during a sexual activity automatically withdraws consent.
Other Scenarios When You Can’t Use Consent as Defense
Many alleged sex crime perpetrators rely on consent as their defense. Nonetheless, there are circumstances in which a defendant can’t use consent as a defense against sex crime charges. These circumstances include:
The Victim Is a Minor
Sex crime cases involving minors (under 18 years old) are governed by the state’s statutory rape law, and consent is a central issue in such legal hearings. Legally, an individual below the age of 18 lacks the mental capacity to understand the circumstances of a sexual activity. Therefore, they can’t legally consent to indulge in a sex act. The perpetrator, in this case, can be charged with statutory rape.
The Victim Couldn’t Physically Resist
Sometimes, a complainant might be an adult. However, at the time of the sexual encounter, he or she wasn’t physically or mentally capable of voluntarily consenting or resisting the alleged perpetrator’s sexual harassment toward him or her. For example, a complainant might be too intoxicated to object or physically resist one’s sexual advances. In that situation, consent can’t be your defense.
Illegal Sex Acts Involving Individuals in Power
Individuals in positions of power who use their authority to coerce or influence minors or adults of lesser authority into engaging in illegal sexual activities cannot use consent as a defense. An example is a law enforcement officer demonstrating sexual desires toward someone in custody, who might feel their power or authority to object to the sexual act is greatly diminished.
The Five Degrees of Sexual Assault Crimes
Sex crimes are categorized under five degrees. In Minnesota, these crimes have some of the harshest legal consequences. Besides destroying your reputation, a sex crime conviction can mean many years in prison and costly fines. The penalties vary depending on the degree of sexual misconduct.
First-Degree Sex Crimes
First-degree sex crimes involve sexual penetration, usually:
- Involving violent threats, coercion, or force.
- The victim is 13 years old or below.
- The victim wasn’t in a mental or physical capacity to consent.
- The victim is a minor aged between 13 and 16, and the perpetrator is at least four (4) years older and has authority over the victim.
A sex crime in the first degree carries a maximum of 30 years or a minimum of 12 years in jail. Additionally, first-degree crimes require sex offender registration in Minnesota. This registration is enforceable, even if the perpetrator moves outside the state.
Second-Degree Sex Crimes
Second-degree sex crimes satisfy all the elements of first-degree sex crimes. The difference is that they don’t involve sexual penetration. If found guilty, an offender can be jailed for up to 25 years, with a minimum of seven (7) years in jail.
Third-Degree Sex Crimes
A third-degree sex crime involves the sexual penetration of a minor. Here, the offender is also a minor, at least four years older than the victim. Third-degree criminal sexual conduct also occurs if the perpetrator is currently or was recently in a position of power, such as a law enforcement officer, clergyman, or therapist.
If convicted, you can face up to a 15-year jail sentence. Additionally, you must register as a sex offender for 10 years, regardless of the state of residence.
Fourth-Degree Sex Crimes
Criminal sexual conduct in the fourth degree is similar to a third degree, only that it doesn’t involve sexual penetration.
Anyone convicted of a sex offense in this degree can spend a maximum of up to 10 years in prison. The convicted individual must register as a sex offender in and out of Minnesota for an additional 10 years after release.
Fifth-Degree Sex Crimes
In Minnesota, fifth-degree sex crimes involve non-consensual sexual encounters. Such sexual acts include:
- Undressing a person against their will
- Groping or touching another individual’s private parts
- Deliberately touching or caressing another person with seminal fluid or sperm
- Public masturbation or revelation of one’s genital parts, usually in the presence of a minor (under 16 years old)
- Taking advantage of your position of authority to force, coerce, or influence a person to indulge in a sexual act
In Minnesota, fifth-degree sex offenses are considered gross misdemeanors. A conviction can get the offender locked up for up to 12 months and fined $3,000. A repeat offense amounts to a felony. The criminal penalties for a felony include a maximum of seven (7) years behind bars and a $14,000 fine.
Defense Strategies for Sex Crime Charges When There’s No Consent
In cases where there’s a lack of consent, you can use various strategies as legal defenses. Under Minnesota statutes, several exceptions apply during criminal proceedings. It’s critical to understand how they may apply to your case.
Mistaken Age
This defense involves arguing that you mistook the victim’s age at the time of the encounter. It’s quite challenging to use this defense tactic, but it’s possible if your claims satisfy the following four elements:
- The alleged victim is at least 13 years old but hasn’t attained 16 yet
- You mistook the alleged victim’s age to be 16 years
- Your claims about the mistaken age are reasonable
- You’re less than 10 years older than the minor
The “Romeo and Juliet” Law
The law recognizes that minors can be sexually active. In sex acts involving young adults, courts interpret consent differently. The state follows the “Romeo and Juliet” law, which imposes statutory rape penalties differently, depending on the age gaps and any prior relationship between the two minors.
In sexual encounters involving young adults, the age of consent, under state law, is 16. While young adults aged 16 and 17 years can’t legally consent to sex acts with adults, a sexual act between a 16-year-old and a 17-year-old is not considered a crime. However, you can’t use consent as a defense if you were in a position of power over a minor or an adult who had sex with a teenager.
Marriage
Minnesota recently repealed the controversial “Marital Rape Exception” law that protected individuals from statutory rape penalties if they were married to the alleged victim at the time of the sexual encounter. That makes it difficult to use marriage as an excuse for a sexual act with a partner.
Your lawyer can examine the details of your case to determine whether the defense of marriage is applicable to your situation. This defense may work if you were married to the alleged complainant at the time of the sexual act, you had obtained consent, and you were living with the alleged complainant during the alleged sex crime.
When Should You Call a Sex Crime Lawyer?
You need to hire a sex crime lawyer immediately after you get arrested, charged with a sex-related offense, or facing sex crime investigation. Your reputation starts going on a downward spiral shortly after you are charged with a sex crime. You can also lose your professional license, voting rights, and even your right to visit your children.
Involving an experienced lawyer early in the process helps protect your rights and know what to expect during court proceedings. The lawyer also preserves crucial evidence to your case, such as security camera videos.
A seasoned Minnesota sex crime lawyer is experienced in defending people facing sex crime charges. The lawyer has the resources necessary to conduct a thorough investigation into the case to find loopholes that can be used for your defense.
If you’ve been contacted or arrested for a sex crime in Minnesota, our skilled legal team at Keller Law Offices can effectively represent you to protect your rights and safeguard your reputation. Contact us for legal assistance.
