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Gallagher Criminal Defense logo smIf convicted of a sex crime, the court will hold a sentencing hearing.  These crimes range along a continuum from most serious to least.

For the more serious crimes, prison is a likely outcome.

To set expectations in any particular case, we look to the presumptive sentence under the Minnesota Sentencing Guidelines (or federal equivalent), any applicable mandatory minimum sentencing laws, and criminal history.

In cases where the client is looking at a presumptive prison sentence, prison might be avoided if he or she is found to be “amenable to treatment.”

Built into this term implicitly is that the offender is admitting the crime, is not denying or is no longer denying it.  For offenders convicted of sex crimes with a presumptive prison commitment, generally an inpatient, residential sex offender treatment program will need to accept them.  That makes a person convicted of a sex crime, “amenable to treatment.”

The recidivism rate for people who successfully complete sex offender treatment programs in Minnesota is substantially lower than for those sent to prison.  That is why juries and judges often prefer probation and treatment over prison. 

Punishment versus Treatment

A Catch-22: if you seek voluntary sex offender treatment, you will be prosecuted.

Catch-22: if you seek voluntary sex offender treatment, you’ll be prosecuted.

The initial impulse of most people is to want sex offenders to be both punished and receive treatment.  There is an inevitable conflict, however.

If a person would like help with sex offender treatment for themselves or their child they often face a daunting dilemma.

In Minnesota we have a “mandatory reporting of child abuse” law.  This means that any treatment provider who learns of an allegation of child abuse must report it to law enforcement officials.  The therapist-client privilege and similar evidence privileges no longer exist in Minnesota, in this context.

This means that a person who would like to seek help overcoming anti-social human sexuality issues cannot do so if a child was ever involved, without inviting criminal prosecution.

Discuss any questions about these issues with an experienced sex crimes defense attorney.

Treatment During a Pending Case

No safe harbor law for voluntary sex treatment

No safe harbor law for voluntary sex treatment

Generally it is not a good idea to enter into treatment while a criminal charge is pending.

Even if no child was ever involved, prosecutors sometimes use medical records and treatment providers as prosecution evidence.

Questions?  Call Minneapolis Sex Crime Defense Attorney Thomas Gallagher at (612) 333-1500.