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 mostly do not relate to the crime of rape. These sex crime laws are broad.
Most sex crime charges in Minnesota are not rape charges
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, the laws attempt to strip the right to consent from most under 16 .)
The search for the truth
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 support or contradict those claims. And this is true for investigations by the government and by the defense.
But the court’s pretrial criminal procedure and trial determines whether reliable evidence exists; that can eliminate every doubt about a rape claim.
Pride and Prejudice
Because rape accusations are shocking, people sometimes make false allegations.
All the people in the legal process have a responsibility to maintain a skeptical attitude about accusations. And we must test the evidence for any non-criminal inferences.
When should you hire a lawyer?
Many times the target of an accusation becomes aware of the claim before police begin an investigation. And that is the best time to retain an experienced rape charge defense lawyer for pre-charge counsel.
The earlier you retain a good sex crimes defense attorney; the better the protection from an unjust, false accusation.
Questions? Call Rape Charge Defense Attorney Thomas C. Gallagher at (612) 333-1500.