A client of Max Keller of Keller Law Offices received a dismissal of his criminal sexual conduct charges in Morrison county, Minnesota. After multiple hearings and motions, the prosecutor ended up dismissing all charges. The client was charged with criminal sexual conduct in the 2nd degree – victim under 13 – Actor > 36 months old , in violation of Minn. Stat. § 609.343.2(a). The statute lays out several ways that someone can be charged with 2nd degree CSC, such as having sexual contact when:
- the actor causes personal injury to the complainant, and either of the following circumstances exist:
- the actor uses force or coercion to accomplish the sexual contact; or
- the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
- the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:
- an accomplice uses force or coercion to cause the complainant to submit; or
- an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
- the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense; or
- the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and: (i) the actor or an accomplice used force or coercion to accomplish the contact;(ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time.
See the full language of the statute here. Mistake as to the complainant’s age nor consent to the act by the complainant is not a defense. In the firm’s case, a father was charged for allegedly sexual touching his daughter who was under the age of 13. Through Paradee motions, we were able to find out that the daughter and her mother had also accused other boyfriends and people with similar accusations. A Paradee motion is an in-camera review of records that a defendant may request about the alleged victim such as medical records or prior police reports or documented accusations. A criminal defendant must show that there is a plausible showing that the records would be material and favorable to the defendant’s defense. If you have been charged with criminal sexual conduct in any degree, contact the attorneys at Keller Law Offices to see if a Paradee motion is relevant to help with your case. Through information that was divulged, it later came up that the complainant also known at the alleged victim was not a mentally competent to testify against our client in a trial. With the dismissal of charges, our client was saved from a potential 25 year prison sentence.
If you have been charged with a sexual harassment claim such as 2nd degree criminal sexual conduct please contact Max Keller. If convicted of sexual harassment or criminal sexual conduct, you may be facing substantial prison time. The attorneys at Keller Law Offices are ready to help you with the sexual harassment allegations against you. They have helped other people in the same situation as you, in counties all over Minnesota. Some defenses may include consent, alternate perpetrator, or mistake of age. The attorneys will be able to see if there is a valid defense to the charges. Max Keller has handled many sexual harassment cases throughout Minnesota and has won jury trials. Max Keller offers a free consultation. Call today at 952-912-1421 or visit the firm’s website at www.kellerlawoffices.com