Sex Crime Lawyer

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A person facing a Minnesota sex crime charge needs help from an experienced sex crime lawyer. And Attorney Thomas Gallagher is here to help you with sex crime defense.

Experience is a must. Thomas Gallagher represents clients accused of criminal sexual conduct, sexual assault, rape, as well as consensual, underage and other sex crimes in Minnesota. And he’s been doing so since 1988. When you call Attorney Thomas Gallagher, you begin solving the problem.

Starting Now: This page will cover some basic issues related to these cases, with links to more in-depth pages. First is the problem of the person facing a false accusation. Next is the problem of those who are guilty and the best solution for them. After that, we’ll explore the categories and types of criminal charges, defenses, and potential consequences of conviction. And we’ll consider what to look for in the best sex crime attorney.

Overview: Criminal Sexual Conduct

Most sex crime charges in Minnesota are based on Minnesota’s Criminal Sexual Conduct statutes, Sections 609.342 through 609.3451. And these are “Criminal Sexual Conduct — First Degree through Fifth Degree.” The first degree crime has the most severe penalty. All are felonies, except some fifth degree crimes.

Criminal Sexual Conduct Statutes: Sex crime cases in Minnesota, are normally based upon Minnesota Statutes (and rarely, local ordinances). Most prosecutions are under Minnesota Criminal Sexual Conduct Statutes. Here is an overview of these Minnesota laws.

Notice: criminal sexual statutes

Due process requires notice of forbidden conduct. Without notice, a person is not criminally responsible. And today, we give this notice in a statute (or a local ordinance). Of course this is based upon a legal fiction – that people read the statutes, and know what they contain. But, though most people may not know what’s in them; since statutes are available to the public, they could know. Minnesota Statutes are available at the Minnesota Legislature’s website.

And so are the administrative rules (“Minnesota Rules”) that govern executive branch agencies; and the Minnesota Constitution.

Most sex crime statutes, including Criminal Sexual Conduct laws, are in Chapter 609 of Minnesota Statutes. And statutes may give words special meanings, sometimes quite different from common meanings. So many Chapters of Minnesota Statutes contain definitions applicable to statutory sections within the Chapter, such as § 609.341.

“The fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice.”

Lawrence v. Texas, 539 U.S. 558 (US Supreme Court 2003) (Majority disapproval cannot criminalize private, consensual sexual conduct protected by 14th Amendment Due Process)

Minn. Criminal Sexual Conduct Laws

The most common felony sex crime charges are Minnesota Statutes Sections 609.342 – 609.3451: “Criminal Sexual Conduct in the ____ degree.” And they range from first, though fifth degrees. (First degree carries the most severe penalty).

Severity factors: sex crime attorney

Minnesota’s Criminal Sexual Conduct (Crim Sex or CSC) statutes use many factors to rank severity of penalties. So, the sex crime lawyer looks to the statutes for specifics. But we can make some general observations first.

Crim Sex 1st & 3rd Degree crimes allege penetration, plus other factors. And Crim Sex 2nd & 4th Degree crimes allege sexual contact, plus other factors.

But Crim Sex 5th Degree can involve either sexual contact or indecent exposure to a minor under age 16. And there are multiple definitions of “sexual contact” that require special attention, depending upon the charge.

What factors make a felony crime more severe in punishment if convicted? The main factors are:

Three types of sex crimes based on proximity of sexual conduct:

1. Penetration. Criminal Sexual Conduct First & Third Degrees.
2. Touch. Criminal Sexual Conduct Second & Fourth Degrees.
3. Non-touch. Indecent Exposure, Child Porn, Revenge Porn.

Coercion vs. consent:

• Fear of imminent great bodily harm
• “Dangerous weapon“
• Personal injury
• Use of Force or Coercion
• Vulnerable complainant (mentally or physically)
• One or more accomplices

Abuse of trust:

• Use of Professional or Occupational Status.
• “Position of Authority” enhancement.

Incest and forbidden relationships:

• “Significant relationship.”

Arbitrary age limits:

• Age of Other Party, age of consent;
• Age Difference;
• Age-based Consensual Sex Crimes.

Prior convictions:

• Mandatory minimum sentencing provisions, based on prior sex convictions.

So, these are the most common factors in Minnesota Criminal Sexual Conduct Statutes.

Historical Context: Rape Charges

What is a rape charge? The word “rape” connotes sexual intercourse by force — without consent. In Minnesota, the word rape itself does not appear in Minnesota’s Criminal Sexual Conduct Crime Statutes. (Though it does appear in other Minnesota Statutes).

This shows that Minnesota’s Criminal Sexual Conduct Statutes rarely relate to the crime of rape. Rather, these sex crime laws are broad.

Most sex crimes not rape: Rape charges are a small fraction of all sex crime prosecutions in Minnesota. Most do not involve force. Most do not allege a lack of actual consent. (For example, laws that attempt to strip the right to consent from most under 16 .)

Search for the truth: rape charge

Rape allegations, like other kinds, may be true or they may be false. The purpose of a rape charge investigation is to uncover facts that tend to contradict or support claims made. And this is true for investigations by the government and by the defense.

But the court’s pretrial criminal procedure and trial concerns whether reliable evidence exists; that can eliminate every doubt about a rape claim.

Pride and Prejudice: People sometimes make false allegations. And rape accusations are shocking. So all the people in the legal process have a responsibility to maintain a skeptical attitude about these accusations. And we must test the evidence for any non-criminal inferences supported.

Other sex-related criminal laws

Other common sex-related criminal charges and statutes seen by the sex crime lawyer include the following.

Prostitution

Minnesota Statutes § 609.321 through § 609.325 relate to prostitution crimes. And most prostitution charges in the Twin Cities area are against alleged customers seeking adult sex workers. Usually these stem from police sting traps, under Minnesota Statutes § 609.324, subds. 2, 3. But a common police tactic is to commit the target then eventually pretend to be under age 18, in order the enhance the charge to felony prostitution. If in a public place the adult (18+) prostitution crime is a Gross Misdemeanor (up to one year jail) under subd. 2; while otherwise the crime is a simple misdemeanor (up to 90 days jail).

Attorney Thomas Gallagher defends people from prostitution charges. See also: 

Sex Workers, Prostitution & Minnesota Law.

Indecent Conduct or Exposure

Prosecutors can charge indecent conduct crimes under several laws and fact patterns. And Attorney Thomas Gallagher defends people from indecent conduct or exposure charges. See:

Indecent Conduct and Indecent Exposure Crimes.

Consequences of Conviction

Because the penalties for conviction are so severe, the need for a good sex crime lawyer is great. Most, though not all, Minnesota sex crimes are felonies.

And we discuss the consequences of felonies, gross misdemeanors and misdemeanors on other pages of this website; as well as so-called collateral consequences. For more, see:

Sex Offender Sentencing & Treatment.

Sex Offender Registration

Or, now broadened, and labeled “predatory offender” registration. Predatory offender registration (“sex offender registration”) is one “collateral consequence” of most sex crime charges, and some non-sex crime convictions too.

Overly broad: If a Complaint charges a crime on the registration statute’s list, and the person is not convicted of that charge; but is later convicted of “another offense arising out of the same set of circumstances;” then the statute still requires them to register. Minnesota Statutes §243.166, subd. 1b, has most of the important provisions. 

When is failure to register as a predatory offender required in Minnesota?

1. Criminal Complaint had charges (claims) that trigger registration; and,
2. Conviction of any crime stemming from same behavioral conduct.

For example, the prosecutor’s Complaint charges you with Minnesota Criminal Sexual Conduct Third Degree. And jury’s verdict is not-guilty on that charge; but guilty of misdemeanor disorderly conduct.

Most Minnesota Criminal Sexual Conduct crimes trigger registration. But there is one exception which depends upon the Complaint. So, if the most serious charge in the Complaint is Gross Misdemeanor “Criminal Sexual Conduct fifth degree;” it might not trigger registration.

The registration period is at least ten years, but can be longer, including life – see Minnesota Statutes § 243.166, subd. 6. And “failure to register” is a crime with prison – see Minnesota Statutes § 243.166, subd. 5; as well as an extension of the registration requirement, up to life. Incredibly, this law requires children adjudicated delinquent to register as well. So go here for more on defending juveniles accused of sex crimes, to avoid “registration.”

The way to avoid registration, is to avoid the prerequisite conviction in the first place. And your sex crime attorney can help with that. To learn more, see my page: Minnesota Predatory Offender Registration.

Wrongly Accused & the Sex Crime Lawyer

False allegations of sex crimes against innocent people is a serious issue. It’s been a difficult problem since the dawn of history, to this day.

One person may wrongly accuse another for many reasons. If you’re innocent, you know it’s false, but not why. Speculating about it would be a mistake. And you may never really know. So how then can you prove your innocence in court? Fortunately, you don’t need to. The law puts the burden of proving guilt on the prosecutor.

The best sex crime attorney won’t allow the prosecutor to shift the burden of proof. And if they can’t come up with real evidence of guilt, there’s a reason for that. That reason? You’re not-guilty!

Experienced Sex Crime Lawyers can help analyze the facts to understand the why. And we can find the tells that show the lie.

The Guilty & the Sex Crime Lawyer

If someone is “guilty,” just what are they guilty of? Most prosecutors overcharge defendants with more serious crimes than are justified by the facts. So if the truth matters, so does mitigation of false, exaggerated claims.

Sex crimes defendants run the continuum from the most culpable to the least. But if the court adjudicates someone guilty, the court will need to determine a just sentence. After a guilty plea or a jury trial verdict, the court will schedule a sentencing hearing. The sentence should be fair for the offender, any identifiable victims, and the community.

In some cases, the Minnesota Sentencing Guidelines call for a presumptive sentence of prison commitment. But, knowing about recidivism rates is important. And people who enter and successfully complete tough sex offender treatment programs, re-offend less often, than those who go to prison.

Getting a Minnesota sex offender treatment program to accept a defendant can be key. It can convince the court that probation is a better alternative. A good sex crime lawyer can help guide his client into a treatment program; and probation instead of prison.

Defense Issues: sex crime lawyer

You can retain the best sex crime lawyer for help during the police investigation, before the filing of any criminal charges.

Pre-charge counsel can help you reduce the likelihood of a prosecutor ever filing charges with the court, or mitigate the damage should they be filed.

Police want to talk to the accuser’s target. But avoid talking to police at all, without first consulting a sex crimes defense lawyer. Moreover, you should avoid doing many things. Only a few things can help. So thoroughly review these with your paid lawyer.

Defenses to sex crime accusations may include:

• Consent
• Age
• Relationship
• Exculpatory evidence
• Computer-based evidence
• Search and Seizure issues
• Evidentiary issues, chain of custody, admissibility
• Innocence presumption, plus Burden of Proof

A common prosecution tactic is to attempt to reverse the burden of proving a crime, to force the defendant to prove innocence. Of course this is not only illegal, it is wrong to ask someone to prove that someone’s uncorroborated claim is not true.

Examples of this include a prosecutor’s rhetorical question, “why would she lie?” That is their attempt to reverse the burden of proof, to ask the jury to force the accused person to prove innocence.

Defenses: Criminal Sexual Conduct

In addition to defenses that apply to all criminal cases, some defenses are specific to Criminal Sexual Conduct claims. For example, if charges claim penetration or sexual contact, those claims may be false. And if so, we can defend the case by pointing out the lack of evidence proving the claims. For charges of force or coercion, the defense can point out the lack of proof of those claims.

For age-based, consensual sex crimes, where relative ages are an element of the crime under the charging statute, the statute attempts to remove knowledge of age as a defense. But sometimes it is a defense.

If the prosecution must prove relationship status, the lack of the alleged relationship is a defense. And when the state asserts a “position of authority,” sometimes the facts do not support that claim.

Occupational Crimes

Making an otherwise lawful act into a crime based upon a person’s occupation is controversial. But people in these occupations are vulnerable to false allegations. So a person doing these kinds of work is more likely to need a sex crime lawyer, especially when completely innocent. And the Minnesota Criminal Sexual Conduct Statutes’ criminalizing people by occupation, limit the crimes to special circumstances.

Occupations include:

• psychotherapist
• clergy
• correctional, or secure treatment facility, agent
• actor provides special transportation
• massage or other bodywork for hire

So we can defend these charges by challenging the claims of these special circumstances.

Sex crime lawyer defense pages

Juveniles facing sex crime charges in Minnesota

Child Pornography Defense

Romeo & Juliet Law: Sex Crimes Based On Age

Question? Call Sex Crime Lawyer Thomas Gallagher, 612 333-1500

If you are facing criminal sexual conduct or other sex crime charges, you need the best defense. And Minnesota sex crimes defense attorney Thomas Gallagher can provide it. So call sex crime lawyer Thomas Gallagher with your questions.

You can put Thomas Gallagher’s three decades experience in sex crime defense to work for you. And look at Thomas Gallagher’s best lawyer ratings from peer reviews; and five-star reviews. Thomas Gallagher teaches criminal law courses to other lawyers. Other lawyers consult with him often for help with their cases. Help is a phone call away.

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