Rape Defense Lawyer in Minnesota

Understanding Minnesota Rape Laws

If you’ve been accused of rape in Minnesota, there are a few things you need to understand about how the State views and prosecutes sex crimes. The legal term for both rape and sexual assault in Minnesota is actually “criminal sexual conduct.” The State divides this charge into the five categories according to degree and uses two of them to charge rape.

Forcible rape—sexual penetration by force or threat of force—is typically charged as first-degree criminal sexual conduct, which is the most serious sex crime in Minnesota. It’s important to note that the use of physical force is not necessary in order to get a guilty verdict; instilling fear in the victim is enough.

In cases where the defendant used force but didn’t injure the victim, the rape could be charged as third-degree criminal sexual conduct. Regardless of whether the defendant is convicted of criminal sexual conduct in the first or third degree, the punishment is likely to be severe.

Penalties for Rape Convictions in Minnesota

Each degree of criminal sexual conduct presents a variety of scenarios than can affect a defendant’s sentence. The following are maximum penalties for criminal sexual conduct in the first and third degree:

• First-degree. 30 years in prison and a $40,000 fine
• Third-degree: 15 years in prison and a $30,000 fine

After their prison sentence, an offender convicted of rape enters a period of conditional release that may last years or even their lifetime. Mandated treatment programs will likely accompany their conditional release.

Consequences of a Rape Conviction in Minnesota

Even after serving prison time, paying fines and submitting to conditional release and mandated treatment programs, people convicted of rape will continue to face consequences for their crimes. In addition to having to register as a predatory offender, rape convicts will lose the following privileges:

• The right to possess a firearm. Criminal sexual conduct in every degree but fifth is considered a crime of violence. Being convicted of a crime of violence results in the automatic revocation of your right to own a gun, even for hunting purposes.
• The right to vote. Convicted felons are not allowed to vote or serve on a jury.
• U.S. residence. Conviction of criminal sexual conduct can result in deportation for both undocumented immigrants and lawful permanent residents.
• Certain professional licenses. If convicted of criminal sexual conduct, you will probably lose whatever professional license you earned previously.
• Ownership of your property. Your property may be subject to forfeiture if you used it or intended to use it to commit or allow others to commit certain criminal sexual acts.

In addition to these considerable losses, rape convicts often face alienation from their peers, family members and friends. They may struggle to find employment due to their record and may not be allowed to live where they want.