An arrest and the possibility of a conviction on your permanent record can have lasting adverse consequences. It can affect all aspects of your life, from finding employment to limiting where you can live. This is especially true for offenses involving sex crimes, as they can result in years of imprisonment, damage your reputation, and require you to register as a sex offender.

If you are under investigation or facing charges of criminal sex offenses, it is vital to take the case seriously and begin preparing a powerful defense with a sex crimes attorney. Contact a credible Rochester sexual abuse lawyer if you have any questions or need help with your case.

Lack of Consent, Coercion, and Sexual Contact

Lack of consent is a fundamental aspect of sexual abuse. This means that there was no voluntary and freely given consent. Everyone has the right to withdraw consent at any time during the encounter. Overcoming the charges requires establishing explicit and affirmative consent through words or actions.

Sexual contact is a broad term that may include actions such as intentionally inappropriately touching another person’s intimate body parts for gratification or sexual arousal. Accusations of coercion imply that the accused caused another person to fear for their personal safety or the safety of others, either immediately or in the future.

What Is Force?

The state defines force as the infliction of bodily injury, an attempt to cause injury, or making threats that would cause any reasonable person to believe they are at risk of harm.

If you have been accused of sexual abuse in Rochester, an experienced attorney can address your specific questions and help determine the most effective strategy to combat the charges.

Criminal Sexual Conduct by Degrees of Severity

Minnesota law classifies criminal sexual conduct into five categories of severity. The severity of the charges plays a significant role in determining penalties should the court find a person guilty. Under Minnesota Statutes § 609.342, criminal sexual conduct in the first degree is the most severe, involving sexual penetration with aggravating circumstances, such as:

  • The alleged victim is a minor
  • The use of force, threats, and coercion

Punishment for a conviction can include life imprisonment and up to $40,000 in fines. There may also be mandatory minimum sentences, depending on the case specifics. Second-degree charges involve sexual contact without penetration, and a conviction can result in up to 25 years in prison and up to $35,000 in fines. A person may face criminal sexual conduct charges in the third degree if the case involves the penetration of a minor under 16 but older than 13. If the criminal court finds an individual guilty, they may face up to $30,000 in fines and 15 years of imprisonment.

Fourth-degree criminal sexual conduct involves nonconsensual sexual conduct and can lead to 10 years in prison with fines up to $20,000. Finally, charges for criminal sexual conduct in the fifth degree may result from accusations of knowingly exposing genitals to a child under 16 or engaging in nonconsensual sexual contact. This can possibly result in a one-year jail sentence. During a consultation, a skilled criminal sexual conduct attorney in Rochester can review your case and explain the applicable laws.

Sex Offender Registry

State government agencies maintain a public database called the sex offender registry, containing data on individuals convicted of serious sex crimes. While the registry aims to promote public safety, it has severe flaws, and those who pose no threat to their communities may be required to register during sentencing.

Our lawyers understand the seriousness of these cases and thoroughly review the facts of each to determine the best course of action.

Contact a Seasoned Sexual Abuse Attorney in Rochester

An arrest for any offense is always frightening, and most people worry, with good reason, about the potential impact on their life and future. The best way to protect yourself is to take immediate steps to prepare a defense against the charges.

We are committed to fighting for justice and protecting your best interests. We can aggressively fight for your rights and pursue the best possible outcome in your case. Schedule a meeting with a dedicated and experienced Rochester sexual abuse lawyer from our firm to review your case and explore your options for the best possible outcome.