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Minneapolis Lawyer: Rape Defense

Defense of a rape charge should be immediate and vigorous. Actions taken early in the case may have life-changing effects for the accused. If you have been accused of rape, you deserve to have your case evaluated by a criminal defense lawyer with extensive experience in criminal sexual conduct trials. Please feel free to contact my law firm to request a free, confidential consultation.

Rape defense strategies

I am a criminal defense lawyer, and have achieved favorable results for clients accused of rape. These are sensitive cases – the accused may be convicted in the eyes of the public before the trial ever begins. I take the time to really get to know my client. Only then can I present my client to the jury in the most positive light, marshal the support of family members, and identify details that might later prove critical in my client’s defense.

Minnesota rape laws

Prosecutors in St. Paul, Duluth, St. Cloud and Minneapolis might each have different approaches to prosecution of a rape charge, but the same Minnesota statutes regarding criminal sexual conduct apply. Below are brief discussions of statutory rape, child rape and criminal sexual conduct.

Statutory Rape

Under Minnesota law, statutory rape occurs when an adult has sex with an underage person The charge is based on the assumption that a young person is not capable of giving consent.

The age of consent in Minnesota is 16. If a person 19 or older has sex with someone under the age of 16, it is statutory rape. Consent by the minor is not a defense and not knowing the exact age of the minor person is not a defense. If a child is under 13 and has sexual relations with a person four years older, the older person is guilty of statutory rape.

These laws were written for cases where an adult lures a child away from home, using drugs, intimidation, charisma, force, or a strong personality and induces the child to have sex. As a lawyer, I will investigate all defense strategies. I may be able to demonstrate my client had no such intent, or that the underage person deceived my client regarding age.

Pedophilia – child rape

Pedophilia (sex crimes against children) also involves having sex with a minor, but with a child so young that there is no question of a mistake regarding the age of the victim, and no question that the child could give meaningful consent. Pedophilia is sexual child abuse. Depending on the relationships involved, it may constitute domestic abuse of a child. As a lawyer I will ask the jury to consider alternate explanations for apparent evidence my client is guilty of child abuse, and will challenge the prosecutor to prove my client was the rapist or that the child was raped at all.

Spousal rape

I defend all types of domestic assault cases, including those where my client is charged with spousal rape or spousal abuse.

Criminal Sexual Conduct

First, second, third, or fourth degree criminal sexual conduct are all terms for rape in cases where both parties are above the age of consent, but the victim did not give active consent. Some persons are never considered competent to consent to sexual relations, including those who are mentally challenged (retarded), physically helpless, or not competent due to mental illness or the influence of alcohol or drugs, including date rape drugs.

As an attorney, I challenge the prosecutor to prove that a rape occurred, asking, “Did the alleged victim actually give consent? Was the alleged victim truly under the influence of drugs?” If a rape did occur, I challenge the prosecuting attorney to prove that my client was the rapist.

Evaluating your case and developing a rape defense strategy

I can only evaluate your case and provide good information after I have had the chance to listen to your entire story. If you are charged with rape, or are under investigation for any type of criminal sexual conduct, please contact my office to arrange a free consultation.

Not guilty! Rape defense results

• Case Dismissed. My client was twice charged with 2nd degree criminal sexual conduct with a minor and once with 5th degree criminal sexual conduct. All charges involved the same case. When I demonstrated to the prosecuting attorney that the evidence was weak and witnesses unclear, all charges were dismissed..
• Acquitted of all charges. My client was acquitted of two counts of 2nd degree criminal sexual conduct with a child. The jury acquitted my client of all charges.