Congdon Law. PLLC.

What Actually Is Date Rape? Is It A Legal Term Under Minnesota Law?


Date rape is not a legal term under Minnesota law. There are five different levels of criminal sexual conduct. Fifth-degree criminal sexual conduct is a gross misdemeanor charge, assuming it’s the first offense, while first to fourth-degree criminal sexual conduct are all felonies. First-degree criminal sexual conduct is the most serious. If there is an accusation of date rape, it would be categorized into one of the levels of criminal sexual conduct.

What Charges Might I Be Facing If I Have Been Accused Of Date Rape?

If the allegation involves some sort of sexual penetration, that falls under either third-degree criminal sexual conduct or first-degree criminal sexual conduct. If the allegation includes some sort of touching without penetration, that would fall under second degree or fourth-degree criminal sexual conduct. If it is more minor than any of those, then you are dealing with fifth-degree criminal sexual conduct. Assuming that there is penetration of some sort, the distinction between third degree and first degree depends on whether there was force used, whether there was a weapon used, and whether any injuries were caused.

What Is The Ongoing Trend In Regards To Date Rape Cases In Minnesota?

There have been more cases reported to law enforcement than historically, perhaps. However, whether those cases are actually resulting in more charges is difficult to say. More allegations don’t necessarily translate into more criminal charges.

What Are Unique Aspects Of Date Related Rape Allegations That Sometimes Make These Cases Difficult For Both The Prosecution And The Defense?

Some of the things that make date rape allegations difficult is that there generally isn’t a history or a relationship between the parties for law enforcement to look back on. They are often he-said-she-said type cases. Oftentimes, it comes down to the issue of whether or not there was consent.

What Potential Defenses Can Be Used In Cases Having Online Date Rape Scenarios?

Most defenses boil down to consent. The defense could claim that there was consent for these activities and that there is now regret, which doesn’t negate consent during the actual act.

Should I Hire An Attorney Prior To Arrest If I Suspect That Allegations Of Date Rape Will Be Made?

It is always beneficial to consult with an attorney. You may very well be giving statements unknowingly because the other party is turning over their text messages or phone calls to be later used against you by law enforcement. If you think that charges may be coming or that someone is going to make an allegation against you, consult with an attorney right away to protect yourself.

It’s always much harder to defend against a case once the charges are already in place. There is a much higher rate of success if there haven’t been any charges filed. Having an attorney onboard as early as possible will put you in a better position in the long term. It does not make you look guilty; it makes you smart for having a professional look out for your rights in our very complex and treacherous legal system.

For more information on Date Rape Charges In Minnesota, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 684-9740 today.

Jennifer Congdon, Esq.

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