St. Paul Statutory Rape Attorney
If you have been accused of statutory rape, then you have a lot at stake: your family, your job, and potentially even your liberty. Statutory rape is a serious crime and has serious penalties – including required registration as a sex offender. Before you proceed through the legal process, you should first understand the charges and the potential consequences of conviction.
What is statutory rape?
Minnesota does not have a crime specifically called “Statutory Rape.” Most people understand the term “statutory rape” as referring to when a person, 18 years of age or older, engages in sexual activity with someone under the age of consent. In Minnesota, the age of consent is 16 years old. If one party is an authority over the other (such as a parent, a doctor, a coach, or a school teacher), then the age of consent is raised to 18 years old.
Are there any defenses In Minnesota?
The primary elements to statutory rape is whether there was sexual activity and whether the victim was underage. Disproving either element would be a defense of the charge. Mistake of age is generally not a defense to statutory rape, but can be available where:
- the victim is over the age of 13 but under the age of 16,
- the accused believed the child to be age 16 or older,
- the accused’s belief was reasonable based on the circumstances, and
- the accused is not more than ten years older than the victim.
Simply believing that the victim “looked” like he or she was older will generally not be sufficient to establish that the accused’s belief was reasonable under the circumstances. Marriage is not an affirmative defense to statutory rape charges.
Consent is not a defense to statutory rape. It is called the “age of consent” because legally that is the age where a person can give consent to sexual activity. Before that age, that person cannot legally consent, which is why consent is not a defense to a statutory rape charge.
What are the consequences of a statutory rape conviction In Minnesota?
The consequences depend on the specific charge. There are four degrees of charges for statutory rape.
First degree criminal sexual conduct carries the most serious punishment and is charged where there is penetration, including vaginal, oral or anal penetration of either the victim or the accused. First degree criminal sexual conduct is punishable by 1) up to 30 years in prison, 2) a fine of up to $40,000, 3) or both.
Second degree criminal sexual conduct involves sexual activity (without penetration) with either:
- a child under the age of 13 years old where the accused is at least 3 years older or more than the victim, or
- a child over the age of 13 years old (but under age 16) when the accused is more than four years older and in a position of authority over the victim.
Second degree criminal sexual conduct is punishable by 1)up to 25 years in prison, 2) a fine of up to $35,000, 3) or both.
Third degree criminal sexual conduct involves sexual activity (without penetration) with:
- a child under the age of 13 when the accused is not more than three years older,
- a child over the age of 13 (but under the age of 16) when the accused is more than two years older, or
- a child over the age of 16 (but under the age of 18) when the accused is in a position of authority over the child and more than four years older.
Third degree criminal sexual conduct is punishable by 1) up to 15 years in prison, 2) a fine of up to $15,000, or 3) both.
Fourth degree criminal sexual misconduct involves sexual activity (without penetration) with:
- a child under the age of 13 and the accused is not more than three years older,
- a child over the age of 13 (but under the age of 16) and the accused is more than four years older (or in a position of authority), or
- the child is over the age of 16 (but under the age of 18) and the defendant is in a position of authority.
Fourth degree criminal sexual conduct is punishable by 1) up to ten years in prison, 2) a fine of up to $20,000, or 3) both.
Finally, under Minnesota law, people who are convicted of criminal sexual misconduct (in any degree) are required to register as sex offenders.
Statutory rape is a serious charge. If you or someone you love has been charged with statutory rape and needs experienced legal counsel, contact Lesch Law Firm for a consultation.