Minnesota Sexual Battery Laws

Sexual Battery in Minnesota refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Minnesota, sexual battery is codified in the law under 2nd degree criminal sexual conduct, defined as engaging in sexual contact with another person and if any of the following circumstances exist:

• victim is under 13 years of age and the actor is more than 36 months older than the complainant. state is not required to prove that the sexual contact was coerced;
• victim is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant.
• circumstances existing at the time of the act cause victim to have a reasonable fear of imminent great bodily harm to the victim or another;
• offender  is armed with a dangerous weapon or any article used or fashioned in a manner to lead victim to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;
• offender causes personal injury to victim , and either of the following circumstances exist: (i) offender uses force or coercion to accomplish the sexual contact; or (ii) offender knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
• offender has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact.
• offender has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and: (i) offender or an accomplice used force or coercion to accomplish the contact; (ii) victim suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time.

Penalties for Sexual Battery in Minnesota 

The penalty for sexual battery classified under Criminal sexual conduct in the 2nd  degree is a felony punishable by a prison sentence of 90 months to 25 years, or fine up to $35,000, or both

Defense of a Sexual Battery in Minnesota 

The list of defenses for Sexual battery in Minnesota here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Minnesota  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.