Minnesota Marital Rape Statutes

Minnesota's marital rape statutes provide an exemption only in cases where the alleged victim is a minor spouse under the age of 16. Absent this condition, an offending spouse cannot assert a marital defense.

Current Minnesota Laws

Subdivision 15 of Minnesota's criminal codes provides a marital exemption in cases where an adult or an older juvenile engages in sexual contact with a minor and has a "significant relationship" to that minor while intermittently or regularly residing with the complainant minor. However, a defendant charged under this premise can assert a defense based on the fact that he is legally married to that minor. The defined minor is under the age of 16. However, a minor victim can refute this marital defense by showing that force was used, that the complainant suffered injuries, or that the abuse involved multiple acts over a period of time.

The "significant relationship" marital exemption applies to sections 609-342 through 609-345 all of which include sexual violations with a minor.

Notwithstanding any exclusionary language, an adult victim can bring sexual abuse charges against an offending spouse under the following:

609.343(1) - Criminal Sexual Conduct in the Second Degree

A person is guilty under this provision if such person engages in sexual contact with another person under the following circmstances:

(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses the weapon to get the victim to submit;

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish the sexual contact; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses the weapon to get the victim to submit;

609.344(1) - Criminal Sexual Conduct in the Third Degree

A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists where the actor uses force or coercion to accomplish the penetration or the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

Penalties

A person convicted of criminal sexual conduct in the second degree may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.

A person convicted of criminal sexual conduct in the third degree may be sentenced to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both.

Find a Lawyer

If you face charges of marital rape in Minnesota, you risk extensive prison time and/or exhorbitant fines if convicted. Find a lawyer to defend against possible prosecution and/or conviction.