On Behalf of Martin Law Offices, PLLC | Nov 25, 2017 | Firm News |
Of course, rape and sexual assault are illegal in most states, Minnesota is no exception. Minnesota does not refer to these crimes as rape and assault. Instead, the legal term is “criminal sexual conduct.”
There are five levels of criminal sexual conduct in Minnesota. These five levels change based on the age of the person affected and the level of severity of the rape or assault. The degrees are as follows; 609.342 Criminal Sexual conduct in the first degree. 609.343, second degree, 609.343 third degree, 609.345 fourth degree and 609.3451 fifth degree. All these are from Minnesota statutes.
The five degrees or levels of criminal sexual conduct are explained further.
The First Degree
The first degree of criminal sexual conduct focuses on sexual penetration with children. Which is having sex with someone who is under age 13. It is in the form of anal sex, oral sex, vaginal penetration and much more. Any sexual advancement or contact with an individual under 13 years old in some situations (if the defendant is aware that the victim has an unstable mental state or is mentally derailed) can fall into this category. Another case is if the accused uses force on the victim and ultimately inflicts injuries on the victim’s vagina.
If the victim was forced because the defendant is armed with weapons or if the respondent has a partner in crime which is armed with weapons. If the accused is three years older or more than the victim, who is not more than 13 years. If the victim is caught in a web that he or she can suffer injury or even injure one another.
Another situation is if the defendant has a say over the victim’s life. Like parents, Forster parents. The defendant is four years older than the victim who is between the ages of 13 to 16 years.
Second degree
It has to deal with having any sexual contact either by touching the victim’s private parts knowingly or touching it with force. The conditions in the second degree are the same as that of the first degree.
Third degree
This also deals with sexual penetration in the following conditions. The defendant forces his way into having sex with the victim under the disguise of a doctor or for medical reasons. The defendant conceals as a clergy and has sex with the victim claiming it is for spiritual purposes. Sleeping with the victim during a spiritual meeting.
The defendant works at immature people’s home and uses the opportunity to have sexual intercourse with the victim who is there to receive treatment.
The defendant works as a transporter which the victim engaged for his services, but the defendant seizes the opportunity to have sex with the victim. The defendant forcefully had his way with the victim. The defendant is aware that the victim is mentally derailed.
Fourth degree
It has to deal with having any sexual contact. The conditions above in third degree are also applicable to fourth degree.
Fifth degree
Having sexual contact without the agreement of the victim. Masturbating and showing off your genitals to a child who is not above 16 years.
Defend your Rights With the Help a Criminal Defense Attorney
Often, some defendant’s claim not to know the exact age of the victim. Thinking the victim is 16 years and above. A defendant can use consent to defend himself after perpetrating the act. Consent of an underage isn’t a defense.
It is paramount that you have a criminal defense attorney to protect your rights if you have been accused or are the subject of a sexual offense investigation or the authorities contact you regarding an ongoing rape investigation. Contact a Minnesota defense attorney for pre-charge representation. Remember that the prosecution and the authorities are doing everything during the pre-charge process to gather a case against you.
Every defendant needs legal representation to ensure that the state of Minnesota doesn’t twist their words around and use against them. So seek the help of an experienced criminal defense attorney to proactively defend you. This effectively creates a barrier between you the defense and state officials who are trying to contact you.
For more information contact Martin Law Offices.
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