Rape

The word rape connotes sexual intercourse, or penetration, 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 illustrates that Minnesota’s Criminal Sexual Conduct Crime Statutes, though they do include this crime, mostly do not relate to the crime of rape.  These sex crime laws are broader.

Rape cases are a small fraction of all sex crime cases prosecuted in Minnesota.  Most do not involve force.  Most do not allege a lack of actual consent.  (The laws assert that most under 16 are legally stripped of their right to consent.)

DNA frees convictRape allegations, like other kinds, may be true or they may be false.  The purpose of investigation of rape allegations by the government and by the defense is to uncover facts that may tend to support or contradict those claims.  The purpose of the court’s pretrial criminal procedure and trial is to determine whether reliable evidence exists which can eliminate every doubt about rape claims.   Because rape accusations are shocking, false allegations are sometimes made.  All the people involved in the legal process have a special responsibility to maintain a skeptical attitude about accusations, and test the evidence for any non-criminal inferences that can be made.

When is the best time to get a lawyer involved?
Many times the target of an accusation becomes aware of the claim before police begin an investigation.  That is the best time to retain an experienced rape defense lawyer for pre-charge counsel.  The earlier a good sex crimes defense attorney is retained, the better protected the accused will be from an unjust, false accusation.

Questions?  Call Rape Defense Attorney Thomas C. Gallagher at (612) 333-1500.