Congdon Law. PLLC.

What Steps Can I Take To Avoid Making Mistakes In A Date Rape Case?


Do not post on Facebook, Instagram, Snapchat, Twitter, or any social media anything relating to the allegations. Even cryptic or coded posts can be used against you and misinterpreted. Don’t text message or speak with the person who is making allegations against you. Those text messages can be obtained by law enforcement and used against you and they could be recording your phone calls. Don’t talk to anyone about the allegations, other than your attorney.

What Are The Penalties If Someone Is Convicted Of A Rape Charge Related To Date Rape?

The maximum penalties can be up to 30 years in prison. For a first degree offense, there is a minimum of 12 years in prison. For a third-degree offense, 15 years in prison is the maximum. Depending on the type of charge that you are facing, you could be sentenced to between 15 and 30 years, depending on your prior felony history and the specific allegations in the case. In some rare instances, a life sentence can be imposed.

Will I Have To Register As A Sex Offender If I Am Convicted?

If you are convicted of a fourth, third, second, or first-degree criminal sexual conduct, you will have to register as a predatory offender in Minnesota. If you are convicted of fifth-degree, you likely will not have to register. Registration can be for a minimum of 10 years up to a lifetime, depending on the level of charge you are convicted of.

What Is Your Approach To Handling These Date Rape Specific Types of Cases Or Charges?

If I’m hired before someone is charged and before they have spoken to law enforcement, I am able to run interference and perhaps conduct an investigation to gather information about the other party that can be used as part of the defense. Sometimes, their behavior in the days and weeks after the alleged incident can be a determining factor in whether a prosecutor will ultimately press charges. Did they post on Facebook? Did they go to work or class, or participate in regular activities? Did they talk to anyone?

If charges have already been filed, then my approach is to look and see what evidence law enforcement actually has, where our investigator can supplement that investigation, and what we are looking for to discredit allegations. There are varying approaches and it’s very dependent on when, in the process, I am hired.

Why Do I Need Someone With Specific Experience In Handling Date Rape Cases To Defend Me?

It’s very important to have an attorney who is experienced in handling sexual assault cases, not only because there are various concerns that need to be addressed early on, but also because these are incredibly serious charges. If a client is found guilty, there are potentially years of their life in prison at stake; if it’s handled improperly it’s very difficult to undo, and you can never get that time back. It is important to have someone who is experienced, knowledgeable and can hit the ground running.

Additional Information On Date Rape Cases In Minnesota

One thing that has become more prevalent in the news is how college campuses and universities are handling allegations of sexual assault. Those proceedings are often handled through an investigation by the university. It’s very important for college students to understand that they can still have lawyers present, there is still a process that can be gone through, and an attorney’s investigation could preserve their record and their ability to continue on in school. Even if criminal charges haven’t been filed and it’s just an investigation by the university, still obtain an attorney. Don’t make a statement, don’t post on social media, and make sure you are protecting yourself.

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.

Call For A Free Consultation (800) 684-9740