When Rape Is Reported in Minnesota

When rape is reported in Minnesota, investigation failures are common. Interviews are often not conducted, investigators aren’t assigned, and many times, cases are never sent to prosecutors.

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Minnesota Rape and Sexual Assault

A recent Star Tribute report of more than 1,000 reported Minnesota sexual assault cases reveals investigation failures and errors by state law enforcement officials. The report is based on evidence of reported rape cases over a two-year period in the Twin Cities and across Minnesota. The 1,000 reported sexual assault cases account for about one-half of reported cases during 2015 and 2016.

Sexual assault reports requested by the Star Tribune included 20 law enforcement agencies across the state, including Duluth, Mankato, Minneapolis, and Moorhead. After months of waiting, hundreds of requested reports have not been provided by law enforcement agencies, and requests to the Minneapolis Police Department are now over a year old.

  • In 25 percent of cases, law enforcement failed to assign an investigator
  • In 33 percent of cases, the investigator never interviewed the assault victim
  • In 50 percent of cases, police officers failed to talk to or interview potential witnesses
  • In 75 percent of cases, sexual report allegations were never forwarded to prosecutors for criminal assault charges

According to the Minnesota Sentencing Guidelines Commission, less than one in 10 reported sexual assaults seen by an assault attorney result in a conviction, because only one in four cases is ever referred to a prosecuting attorney. In 2016, there were 481 people convicted of felony-level sexual assaults in Minnesota, but more than 1,300 sexual assault cases were filed. Prosecutors reject at least one-half of the cases that police officers send them, even cases that include confessions, DNA evidence, and witnesses. Police officers are commonly never asked to conduct additional interviews and/or investigations that may prove guilt.

In 2017, rapes on Minnesota college campuses rose for the second straight year, but less than 50 percent of cases were ever investigated by college officials. Out of the 84 colleges that reported campus sexual assaults, the University of Minnesota Twin Cities had the most reported incidents with 93 sexual assault cases. In Minnesota, colleges and universities are not required to submit reasons for not investigating a sexual assault to the state. When submitting school-related annual data, providing this type of information is arbitrary. Many schools do not report campus rapes and sexual assaults because they may lower school interests and enrollments by potential students.  

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.