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Six-Month Review: Sexual Assault Case Victories

The attorneys at Sieben & Cotter have been hard at work defending clients charged with sexual assault and related offenses.  Over the last several months our firm has achieved favorable results for our clients, with many more still pending at various stages in the criminal justice system.  Below are six recent cases ranging from an alleged sex assault on a college campus to nonconsensual sexual contact with a family member. State of Minnesota v. B.P. — Felony Third-Degree Criminal Sexual Conduct ATTORNEYS:  Patrick Cotter and Justen Imsande Our client was chatting with a the complaining witness on a popular dating [...]

2018-06-01T20:22:41+00:00June 1, 2018|Criminal Sexual Conduct, Sex Crimes|

MN House Approves Major Changes to Sex Crimes Statutes

Earlier this week the Minnesota House of Representatives approved major public safety bill aimed at closing several sexual assault loopholes.  The three major changes to Minnesota's Criminal Sexual Conduct statutes include: Making it illegal for peace officers to have sex with anyone in custody or anyone who “does not reasonably feel free to leave the officer’s presence;" Making it illegal for teachers and other school staff to have sex with adult (18 years or older) students; and Removing the exception for grabbing of the clothed buttocks from the definition of "sexual contact." To be clear, only the House of [...]

2018-05-31T15:52:24+00:00May 3, 2018|Sex Crimes|

Obnoxius, Selfish or Overeager is NOT Criminal Sexual Assault!

By now, you are probably aware of the recent allegations of sexual misconduct against well-known actor and comedian, Aziz Ansari.  If not, you can find a link to the original article HERE.  Since that original article published in babe there has been much debate as to whether Mr. Ansari committed sexual assault or harassment.  Recent reactions to the original article include the NY Times article: "Aziz Ansari Is Guilty.  Of Not Being a Mind Reader." To begin, and to be clear, we are not writing this article to criticize the alleged victim's, "Grace's" allegations, nor are [...]

2018-05-25T22:18:48+00:00January 19, 2018|Criminal Sexual Conduct, Sex Crimes|

Reports of Sexual Misconduct Are Making Headlines – When Does the Conduct Become Criminal

Sexual Misconduct in the News If you’ve watched the news in the last few months then you’ve heard about a celebrity accused of sexual misconduct.  The recent fallout began with accusations against Harvey Weinstein (Hollywood Producer) and most recently against Matt Lauer (NBC News Anchor). Other celebrity figures include Kevin Spacey (Actor), Louis C.K. (Comedian) and Senator Al Franken (U.S. Senator for Minnesota), among others.  The accusations of sexual misconduct range from lewd behavior or text messages to rape. Civil vs. Criminal Law The greatest differences between civil and criminal law are how the case is initiated and [...]

2018-05-25T22:18:49+00:00November 29, 2017|Criminal Sexual Conduct, Sex Crimes|

Sieben & Cotter Criminal Defense: We Get the Job Done!

What level of service can you expect from us as your criminal defense attorneys? First and foremost, WE GET THE JOB DONE!  Practically speaking that could mean winning your case outright (i.e. acquittal or dismissal of charges) or securing the best possible outcome for you.  As a criminal defense law firm our mission is to achieve excellent results through honest and aggressive representation. Winning your Case This is our primary focus at the beginning of each and every case.  We start by gathering all of the government's evidence against you.  Then, we carefully review each piece of evidence — [...]

Sexual Consent vs. Incapacity

What Does "Consent" Mean? Consent is one of the most controversial and highly contested issues under Minnesota's sex crimes.  Minnesota Statute Section 609.341, subdivision 4 (a) & (b), defines "Consent" as: words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant; or that the complainant failed to resist a particular sexual act.  A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to [...]

2018-05-25T22:18:49+00:00February 24, 2017|Sex Crimes|

Minnesota Criminalizes “Revenge Porn”

What You Need to Know about Minnesota’s “Revenge Porn” Law On August 1, 2016, Minnesota adopted what has become known as the revenge porn law. Currently, about 34 other states have adopted similar laws. The law's nickname comes from advocates seeking to protect victims of sexual assault and those threatened with explicit photos by ex-lovers. The law's proper title is “Nonconsensual dissemination of private sexual images,” found under Minnesota Statute section 617.261. Criminal Penalties Although revenge is not a necessary ingredient, the law punishes those who intentionally disseminate another's private sexual images. The law does not require any underlying specific or malicious [...]

2016-12-16T18:57:16+00:00December 16, 2016|Sex Crimes|

MN’s Solicitation of a Minor Statute — Unconstitutional

MN’s Solicitation of a Minor Statute — Unconstitutional The two portions of Minnesota Statute § 609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT that have come under recent attack in that courts are subdivision 2a (electronic communications) and subdivision 3 (defenses). The subdivisions state: Subd. 2a. Electronic solicitation of children. A person 18 years of age or older who uses the Internet, a computer,… or other electronic device capable of electronic data storage or transmission to commit any of the following acts, with the intent to arouse the sexual desire of any person… (2) Engaging in communication with a child [...]

2016-11-20T19:57:43+00:00August 19, 2016|Criminal Sexual Conduct, Sex Crimes|

MN Prostitution Laws

MN’s Prostitution Laws: The Penalties for Buying, Selling and Promoting Sex Prostitution is illegal in Minnesota. The state laws range from the most serious offense of Sex Trafficking in the First Degree to the least of simply soliciting an adult prostitute. Whether you are arrested and charged for the most serious, least serious, or somewhere in the middle, all of these offenses carry with them harsh consequences, within and outside, the legal system. According to the Office of Justice Programs of the Minnesota Department of Public Safety, 8,000 to 12,000 people are estimated to be involved in prostitution/sex trafficking [...]

2016-11-20T19:57:44+00:00April 8, 2016|Sex Crimes|

Minneapolis – St. Paul Criminal Defense Attorneys on call 24/7 651-455-1555

As experienced criminal defense and personal injury attorneys, we know how quickly you need protection and an advocate in your corner. We provide our clients with our office and cell phone numbers for 24/7 availability. We also know how important it is for you to have someone who will listen, understand what happened, provide experienced counsel and stand by you. The Sieben & Cotter Law office is located in South St. Paul, in Dakota County, convenient to Minneapolis and St. Paul, and the Twin Cities metro area, also serving greater Minnesota and Wisconsin. Read attorney reviews or contact us 24/7 at 651-455-1555 | Tom Sieben | Patrick Cotter