Sieben and Cotter Trial Lawyers

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 we condoning Mr. Ansari’s actions.  We are simply writing this article from the perspective of Minnesota criminal defense attorneys.  Under Minnesota criminal law, Mr. Ansari is NOT guilty of any criminal wrongdoing, let alone a sexual assault.  Click HERE to read our previous blog highlighting Minnesota’s criminal sexual assault laws.

Consensual vs. Nonconsensual

If you did not read through the articles, the issue here deals with “consent.”  Mr. Ansari stated that he thought the entire evening was consensual, “Grace,” on the other hand, stated that she was uncomfortable and distressed throughout the interaction.  She states that she attempted to use verbal and non-verbal cues intended to get Mr. Ansari to stop or slow down.  “Consent” has a very particular definition under Minnesota criminal law, meaning:

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.

Minn. Stat. 609.341.  Conversely, then, “non-consent” would mean words or overt actions that indicating that one does not wish to perform a particular sexual act with the actor.  The law does not require a verbal “yes” from the parties in order to perform each sexual act; just like it does not require a verbal “no” to withdraw consent.  This is where “overt (plainly visible or readily apparent) actions” come into play.  I have no doubt that “Grace” may have felt distressed, nervous and/or uncomfortable.  But how exactly was that communicated to Mr. Ansari?  You can read the article for yourself and decide whether there was clear consent or non-consent.  What is certain, though, is that one party left the encounter believing it was consensual and the other left thinking the opposite.

Regardless of your belief as to whether this was criminal or not, there is one clear lesson that can be learned from this situation: Communication is Key!

Mr. Ansari Wasn’t Criminally Charged.  It’s Not Likely That Anyone Would Be, Right?

WRONG! This is a rising trend, due in large part to social media and dating apps like Tinder, Bumble and Snapchat.  We currently have several clients facing sexual assault charges because of shockingly similar situations.  Like Mr. Ansari, these defendants end up hooking up with someone new and believe the interaction was consensual.  The next morning, however, law enforcement is at their door with a search warrant telling them that they are being charged with rape.  In addition, we are finding that law enforcement investigators have become increasingly focused on what a complaining person was thinking and feeling, instead of their verbal communications and physical actions or inactions.  When consent is the central issue, we must only look at the words and actions actually communicated between the parties.  Uncommunicated thoughts and feelings cannot be proven and have no place in a criminal sexual assault case.

Experienced Representation

If you find yourself in a similar situation it is important to seek an experienced criminal defense attorney.  The attorneys at Sieben & Cotter have extensive experience with these serious allegations and have achieved proven results.  Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information

The information in this blog post is provided for general informational purposes only. No information contained in this post should be construed as legal advice from Sieben & Cotter, PLLC, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.