Sexual Assault Laws
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Minnesota's New Sexual Assault Laws
Responding to widespread media coverage involving several recent unpopular appellate court decisions and perceived loopholes in the system, earlier this year the Minnesota Legislature made several changes to the state’s sexual assault laws. These changes were signed into law by Governor Tim Walz and took full effect on September 15, 2021.
Most notably, the legislature expanded the definition of “mentally incapacitated" to include voluntary intoxication, which closed a decades-old loophole that prevented prosecutors from filing charges for sex crimes in cases where the victim was voluntarily intoxicated.
Other changes to Minnesota’s Sexual Assault laws include:
- Immunity from prosecution for drug or underage alcohol charges for anyone who reports sex assaults or who assists assault victims.
- New definitions related to various degrees of criminal sexual conduct, including an increase in the age of 13 to 14 under laws regarding sexual conduct with children.
- Creation of a new crime of "sexual extortion," designed to prohibit sexual coercion where victims are compelled to submit to sexual acts through a variety of blackmail-like activities including threats made against their employment or business, threats to report the victim to authorities regarding immigration status, threats to publicly expose pornography or other sexual images and other private data, or threats regarding withholding housing.
- Ending the statute of limitations period that allows the prosecutor to file charges in criminal sexual conduct cases where the victim was younger than 18 at the time of the offense. In the past, prosecutors were limited to filing charges within nine years of the date of offense or within three years after it was first reported to law enforcement.
- A provision to clarify that educators and their staff are prohibited from sexual conduct with high-school students, regardless of whether they are directly in a position of authority over the student.
- Creation of a new lower-level felony for sexual penetration without consent, that may be prosecuted absent proof of force or intoxication, which requires affirmative consent for penetration.
- A provision that reduces the age-range within which an adult can claim they made a "mistake of age" regarding sexual conduct with a 14- or 15-year-old, from ten years to five years.
If you find yourself facing a prosecution for sex crimes or other serious criminal charges, you need a criminal defense attorney with deep legal knowledge and a willingness to fight on your behalf in any court. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your court. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).