Teens - Date/Acquaintance Rape

Minnesota Criminal Sexual Conduct laws
Summary

Definitions:

Five Degrees of Sexual Assault
(The first four are felonies.)

First Degree (MN statute 609.342)
Sexual penetration and one of several other conditions, such as

• Use of a dangerous weapon
• Perpetrator in a position of authority or implied authority (applies to children, & vulnerable adults)
• Victim is under 13 and offender is at least 36 months older
• Victim is 13-16 years old and offender is at least 48 months older & in a position of authority
• Fear of great bodily harm
• Physical injury

Second Degree (MN Statute 609.343)
Same as first degree, but sexual contact does not involve penetration

Third Degree (MN Statute 609.344
Penetration and one of several other conditions, such as

• Force used without inflicting personal injury
• Victim is under 13 and offender is less than 36 months older
• Victim is 13-16 years old and offender is at least 24 months older
• Victim is 16-18 years old and offender is at least 48 months older & in a position of authority.

Fourth Degree (MN Statute 609.345)
Same as third degree, but no penetration

Fifth Degree (MN Statute 609.3451)

• Non-felony charge
• Nonconsensual sexual contact of intimate parts
• Does not include intentional touching of clothing over buttocks

Other Provisions

1. The victim does not have to prove he/she resisted.
2. The victim’s sexual history is not admissible as evidence in court unless the judge specifically allows it.
3. The county in which the assault occurred pays for the evidentiary exam.
4. The law recognizes both male and female victims and offenders.
5. Children and vulnerable adults are specifically protected from abuse by persons in a position of authority.
6. Corroboration of a victim’s testimony is not required.
7. Marriage or an ongoing voluntary sexual relationship does not make forced sexual contact permissible.

Maximum Guidelines for Criminal Sexual Conduct (CSC)
(as of 2008)

First Degree Up to 30 years in prison and/or $40,000 fine Second Degree Up to 25 years in prison and/or a $35,000 fine Third Degree Up to 15 years in prison and/or a $30,000 fine Fourth Degree Up to 10 years in prison and/or a $20,000 fine Fifth Degree Up to one year in prison and/or a $3,000 fine

Other Common Consequences of a CSC Conviction

Must register as a Sex Offender Jail time in lieu of prison time Pay restitution No contact with victim No unsupervised contact with minors of the victim’s gender Some felony convictions include loss of firearms and right to vote Sex offender evaluation and treatment Probation (with varying conditions) Provide blood sample for DNA analysis

 

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