Accused of rape?
Get the legal representation you need
Have you been accused of rape? This is a serious charge of criminal sexual conduct that requires a rapid response. You may feel you have been convicted of a crime before you even reach the court—but don’t give up hope. We will prepare a defense strategy based on facts and thorough investigation. We understand the emotionally charged nature of these cases and will provide the legal guidance you need.
For a free, comprehensive evaluation of your rape defense case, contact us. Take decisive and positive action now.
Call 651-455-1555 today to schedule a comprehensive consultation at no charge to you. We will listen to your story carefully and help you determine an appropriate course of action.
Defense strategies for various rape charges
Not all lawyers are experienced or skilled to take on rape cases. Having experienced legal counsel is critical. We have extensive experience in these serious crimes. Be certain that you hire an attorney who has successful results. Our experience includes:
- Statutory rape
- Date rape
- Child rape, pedophilia
- Ongoing sexual abuse
- Marital rape, spousal abuse
*For more information on criminal sexual conduct charges in Minnesota, click here.
Our task will be to challenge the prosecution’s story. Did the alleged victim give consent? Was he or she under the influence of drugs or alcohol? Did the alleged victim lie about his or her age? Some or all of these questions may be critical to obtaining a good outcome in your case. Rest assured we will explore all the options and carefully present my evidence to ensure the best possible results.
Case Victories
Frequently Asked Questions
The eligibility requirements for OFP in Minnesota include specific types of relationships between the individuals involved; however, an HRO does not require any relationship between the parties. Learn more about Orders for Protection in Minnesota.
In Minnesota, an alleged victim of a crime such as assault or domestic assault may not directly cause charges to be dropped with a simple request. A victim may give their input to a prosecutor, but ultimately, charges can only be dismissed by the prosecutor or the court. Learn more.
Maybe. Colleges may deny admission, or certain loans or financing opportunities may not be available to you if you have a criminal sexual conduct conviction in Minnesota. Learn more.
Yes, there are many ways that job opportunities may be limited or closed to you, depending on the charges, any licensing, and type of work you do. Learn more.
Yes. When you are deciding on a place to live, background checks, registration rules and other restrictions may keep you from being able to buy or rent housing. Learn more.
In Minnesota, it is illegal to have sexual intercourse or contact with a person who is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person’s conduct. Learn More
These members include spouses, former spouses, parents and children, people related by blood, people who live together or have lived together, people who have dated, people who have children together, pregnant women and the alleged fathers of their children, and persons involved in a significant romantic relationship.
Assault in the Fourth Degree protects a special class of persons such as law enforcement, emergency medical personnel, correctional employees, vulnerable adult and others.
There are five “degrees” of assault organized based upon severity level in Minnesota.
To be found guilty of assault in the fifth degree, the person must: (1) commit an act with intent to cause fear in another of immediate bodily harm or death or; (2) intentionally inflict or attempted to inflict bodily harm upon another.
There are five “degrees” of assault organized based upon severity level in Minnesota, Assault in the Fifth Degree is the lowest.
No! No contact orders are one-sided and inflexible. It doesn’t matter if the person says its okay to see or speak to them. Once the order is issued, it can only be changed by a judge. While the order is in effect, if the two of you have contact, no matter who initiates it, the only person who faces consequences is you
A crime of violence includes any conviction for: murder; aiding suicide; 1st-4th-degree assault; crimes for the benefit of a gang; robber; kidnapping; false imprisonment; prostitution; 1st-4th-degree criminal sexual conduct; malicious punishment, endangerment or neglect of a child; 1st-2nd-degree arson; 1st-3rd-degree burglary; drive by shooting; riot; terroristic threats; and stalking. Also, including all felony drug offenses and theft of a firearm or vehicle.
Federally, a crime of violence includes domestic violence or any crime with an element of force or attempted force or threatened use of a dangerous weapon.
Many states have enacted “Romeo and Juliet” exceptions to protect young people from criminal charges as a result of consensual sexual activity with other young people. Minnesota’s laws criminalize any sexual conduct with a child under the age of 13. PERIOD. For children between the ages 13, 14, or 15 the age difference depends on whether there was sexual penetration or sexual contact. If the conduct involves penetration, it is not a crime so long as the actor is no more than 24-months older. If the conduct involves only sexual contact, it is not a crime so long as the actor no more than 48-months older and not in a position of authority.
The age of consent in Minnesota is 16. Statutory rape occurs when a person older than 16-years engages in sexual contact (touching) or sexual penetration with a person under the age of 16. Consent is not a defense in these cases because the laws assume that no one under 16 can give valid consent. If you are close in age you may fall into the “Romeo and Juliet” exception.
A predatory offender may be assigned a Risk Level of I, II, or III. An offender found to be a Risk Level I is considered the LEAST likely to re-offend and only local law enforcement and victims or witnesses are notified of the offenders release or relocation.
An offender found to be a Risk Level II is thought to pose a MODERATE risk of re-offense. In this case, local law enforcement, and victims or witnesses are notified of the offenders’ release or relocation, as well as any agencies that may serve a population at risk of victimization that are located near the offenders’ home.
An offender determined to be the MOST likely to re-offend is assigned a Risk Level III. In this case, local law enforcement, victims or witnesses, and any agencies that serve a population at risk of victimization may be notified, as well as the general public. Community Notification to the general public may take place in the form of a community meeting.
In Minnesota, certain offenses are enhanceable meaning that specific factors can increase the severity level of an offense. Meaning of an aggravating factor is present then the offense severity could increase from a misdemeanor to a gross-misdemeanor, or from a gross-misdemeanor to a felony. Below is a table of examples of enhanceable offenses in Minnesota.
Driving While Intoxicated: Charges based on aggravating factors, and each prior impaired driving incident within ten years is counted.
Order for Protection Violation: Charges are enhanced if there is a violation of an order within ten years of a previous qualified domestic violence related offense.
Fifth-Degree Assault: Charges are enhanced if there is a repeat offense against the same victim within ten years of a previous qualified domestic violence offense; Charges are enhanced if there is a repeat offense within three years of a previous qualified domestic violence offense; Charges are enhanced if there are two or more previous qualified domestic violence offenses against the same victim for ten years.
Domestic Assault: Charges are enhanced if assault is committed against a family or household member for ten years.
Harassment or Restraining Order Violation: Charges are enhanced if there is a violation of an order within ten years of a previous qualified domestic violence related offense.
Minnesota classifies all crimes that are sexual in nature into five categories. The categories range from 1st degree through 5th degree with 1st degree being the most serious and 5th degree least serious. In general, 1st and 3rd degree applies to sexual conduct involving sexual penetration of the victim. 2nd, 4th, and 5th degree sexual conduct involves sexual contact with the victim, without penetration.
1st and 2nd degree sexual conduct typically involve victims who are very young, use of, or threat to use, force, violence or a weapon, or personal injury to the victim. 3rd, 4th, and 5th degree sexual conduct involves less aggravated conduct and applies to situations where the victim did not consent, is relatively young, or was particularly vulnerable due to their relationship with the offender.
Any person convicted of a 1st, 2nd, 3rd, or 4th Degree Criminal-Sexual-Conduct crime must register as a Predatory Offender for a minimum of 10 years and a maximum of lifetime registration. In addition, certain acts under 5th Degree Criminal Sexual Conduct, Criminal Sexual Predatory Conduct, and Indecent Exposure can result in you being required to register as a Predatory Offender.
In Minnesota, an assault can be committed by hitting someone, or even attempting to hit someone, meaning physical contact or injury to the victim are not required. All that is required is a person’s intent to inflict injury, or cause fear of injury on the victim. With that being said, there are a number of factors that determine the severity level of the offense, ranging from 1st degree to 5th degree assault. Those factors are the level of the injury inflicted, who the victim is, whether a weapon was used, and your motivations for the assault.
Domestic assault involves the same or similar conduct as the other forms of assault under Minnesota law, but only differs from those offenses because it only applies to certain family or household members. Different from assault, an individual may also be charged with domestic assault by strangulation, a felony level offense.
Call 651-455-1555 to schedule a consultation at no charge to you. We will listen carefully and help you determine an appropriate course of action. We know 24/7 availability may be important under certain circumstances. Find more information here: Tom Sieben and Patrick Cotter.
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Tom Sieben, Sieben & Cotter PLLC
Tom is a third-generation lawyer in the Sieben family and is devoted representing individuals in criminal defense, taking a straightforward and aggressive approach to cases.
Patrick Cotter, Sieben & Cotter PLLC
Patrick is a Board-Certified Criminal Law Specialist, and he takes great pride in providing expert personal injury and criminal defense representation for his clients.