Rape is a serious sex crime that involves penetration. There are different rape classifications in Minnesota, depending upon the victim’s age, whether or not a weapon was used, and if the victim was injured during the offense.
In a majority of cases, rape is a felony with a punishment of at least one year in prison and very heavy fines. The individual must also register as a sex offender.
There are a number of sex-related offenses that constitute rape. There are also three degrees to the offense with first degree being the most serious and third degree being the least serious. First degree sexual conduct involves rape, which is the sexual penetration, of someone with any of the following circumstances in place:
- The victim is under the age of 13, but the defendant is more than 3 years older than the victim
- The victim is between the ages of 13 and 15 and the defendant is 4 years or more older than the victim and uses authority over the victim to make them submit
- The victim is under the age of 16 and has a significant relationship with the defendant in which that relationship is used to force threats and make the victim feel danger, usually many instances occur over time
- The victim is in reasonable fear of sustaining serious injuries
- The victim is injured through the use of force
- A weapon is used in the commission of the crime
- Others help the defendant commit the crime
- The defendant injures the victim with knowledge that the victim was mentally impaired or disabled or disabled physically
Many of the aspects of third degree criminal sexual conduct are similar to that of first degree, but a defendant 2 years older than a victim 13-15 years old may be convicted. The victim can also be as old as 17 and have a significant relationship with the defendant or the defendant may be in a position of authority.
If you have been charged with criminal sexual conduct, then you need your Minnesota criminal defense attorney to take a look at the aspects of the case and develop a defense strategy for you. If a person is convicted, the penalties include:
- Psychological counseling
- Victim restitution
- Sex offender registration
If you have been charged with rape, then you need the assistance of a Minneapolis rape lawyer to help you through the entire process.