Minneapolis Rape Defense Lawyers

Accused of Sexual Assault in MN?

Rape is a serious allegation that carries extreme consequences for convicted offenders. If you’ve been accused of rape in Minneapolis, you already know that your future is at stake – as well as your freedom. From prison time to inclusion on the Minnesota Sex Offender Registry, the sentences for rape can dramatically alter your life both during and after conviction.

In difficult times like these, it’s important to remember that you retain the right to hire experienced legal counsel for your defense. When you need to fight back against an unfair rape accusation in Minneapolis, call on Tamburino Law Group for assistance. With 100 years of combined experience, we’re available 24/7 to help the unjustly accused and provide a powerful defense for your case.

Don’t let rape charges become a permanent mark on your record. Call (612) 444-5020 to schedule a free case evaluation with our experienced criminal defense lawyers.

What is Rape?

In Minnesota, the term "rape" is not typically the formal name of the crime in the statute books. Instead, these offenses are prosecuted under the Criminal Sexual Conduct (CSC) statutes. Minnesota law breaks these down into five "degrees," ranging from first-degree (the most severe) to fifth-degree.

• Sexual Penetration: Defined broadly as any intrusion, however slight, into the genital or anal openings of the complainant's body by any part of the actor's body or an object.
• Sexual Contact: This generally refers to the intentional touching of the complainant’s intimate parts (or the actor’s intimate parts by the complainant) for sexual or aggressive purposes.
• Lack of Consent: At the core of most rape charges is the absence of consent. Minnesota law defines consent as a "freely given agreement" to the specific act. A person cannot legally consent if they are mentally incapacitated (due to drugs or alcohol) or physically helpless.

What Are the Penalties for Rape?

Criminal sexual conduct charges are given extra weight because of the abhorrent nature of the alleged violations. Additionally, juries are often swayed by strong appeals to emotion in the courtroom. To maintain your innocence and avoid the serious penalties of a conviction, you will need to present a compelling defense.

Based on the 5 degrees of criminal sexual conduct, the penalties for a rape conviction can include:

• First Degree: 12 to 30 years in prison and a fine of $40,000.
• Second Degree: 7.5 to 25 years in prison and a fine of $35,000.
• Third Degree: 5 to 15 years in prison and a fine of $30,000.
• Fourth Degree: Up to 10 years in prison and a fine of $20,000 maximum.
• Fifth Degree: 1 to 7 years in prison and a fine of $3,000.

Except for first-time Fifth Degree charges, all convictions for criminal sexual conduct charges are classified as felonies. If convicted of a felony level criminal sexual conduct charge, in addition to becoming a registered sex offender, you may experience great difficulty finding meaningful employment and housing.

Legal Defenses to Rape Charges

Our Minneapolis rape defense attorneys leave no stone unturned when building a defense. Because these cases often lack physical "smoking gun" evidence, they frequently rely on witness credibility and circumstantial data.

Consent

This is the most common defense in cases involving adults. If the sexual act was consensual and the complainant was not incapacitated, no crime has occurred. We investigate text messages, social media interactions, and witness testimony to demonstrate the nature of the relationship and the encounter.

False Allegations

Unfortunately, false accusations do happen. Motives can include revenge, jealousy, child custody disputes, or a desire to cover up other behavior. We conduct thorough background checks and interview witnesses to uncover any potential bias or motive for a complainant to lie.

Lack of Evidence / Forensic Gaps

In many cases, DNA evidence is either non-existent or "neutral" (meaning it proves sex happened, but not that it was non-consensual). We work with forensic experts to challenge the state’s interpretation of medical exams or physical evidence.

Mistaken Identity

If the incident involved a stranger, there is a significant risk of misidentification. Factors such as poor lighting, stress, and the fallibility of human memory can lead a victim to pick the wrong person out of a lineup.

What Should I Do If I Am Accused of Sexual Assault?

Some sexual assault allegations can be more complex than the scenario described above, making it very difficult to prove one’s innocence. One of the biggest issues when it comes to sexual assault allegations is that the victims are often much easier to believe than the accused. Despite this, there are steps that you should take if you are ever accused of sexual assault:

• Immediately hire an experienced attorney who is familiar with sexual assault cases.
• Take the allegations seriously. Just because it isn’t true, doesn’t mean it will go away.
• Build a strong legal defense by gathering witness testimony and conducting psychological evaluations.
• Document all aspects of your case. There is no such thing as unimportant details when it comes to sexual assault allegations. Write down everything that relates to your case.
• Learn your rights and become educated in sexual assault law.
• Remember, you have the right to remain silent. Do not let yourself be coerced into answering questions from police. Have an attorney present for any police interactions.

Frequently Asked Questions

Can I be charged if there is no DNA evidence?

Yes. In Minnesota, a person can be convicted of criminal sexual conduct based solely on the testimony of the complainant if the jury finds that testimony credible. This is why having a skilled cross-examiner as your attorney is vital.

What if we both were drinking?

Alcohol complicates the issue of consent. Minnesota law states that a person who is "mentally incapacitated" cannot consent. However, the prosecution must prove that the defendant knew—or had reason to know—the person was too intoxicated to agree to the act.

Is "Statutory Rape" different in Minnesota?

Minnesota handles what is traditionally called "statutory rape" through its CSC statutes, focusing on the age gap between the parties. If a victim is under a certain age (typically 13, 16, or 18 depending on the circumstances), consent is legally irrelevant, and the act is a crime regardless of whether the minor agreed to it.

What if the encounter was consensual?

Consent is a valid defense, but it must be clearly demonstrated. Your attorney can help gather evidence and present your case effectively.

Will I have to register as a sex offender?

If convicted, most rape-related offenses in Minnesota require mandatory sex offender registration, often for many years or even life.

How long does a rape case take?

The timeline varies depending on the complexity of the case, the evidence involved, and whether the case goes to trial. Some cases resolve in months, while others may take longer.

Can charges be dropped?

Yes, in some situations. If evidence is weak or new information comes to light, charges may be reduced or dismissed.

Do I have to talk to the police if they call me?

No. You should never speak to investigators without an attorney present. Anything you say—even if you think it proves your innocence—can be twisted and used against you in court.

Powerful Defenses from Former Prosecutors

As a team of former prosecutors, our lawyers at Tamburino Law Group know exactly how the other side thinks. We fight hard on behalf of our clients because we understand the true gravity of a rape conviction in Minneapolis. The sooner you call a seasoned criminal defense attorney, the better your chance of overcoming false accusations and restoring your good name.

We’re available for free case evaluations anytime, 365 days a year. For a no-obligation case review with a sex crimes attorney in Minneapolis, call (612) 444-5020 today.