St. Paul Statutory Rape Defense Lawyer

Protecting Your Rights, Your Reputation, and Your Future

If you or a loved one has been accused of statutory rape in St. Paul, Minnesota, you are likely facing intense stress, confusion, and fear. Allegations of statutory rape carry serious legal consequences, even if the alleged relationship was consensual. At Tamburino Law Group, our seasoned defense lawyers understand the complexities of these cases and are here to protect your rights. With an in-depth knowledge of Minnesota criminal law and a strong commitment to safeguarding your future, our team provides aggressive, strategic defense representation for individuals facing statutory rape charges in St. Paul.

Call (612) 444-5020 or contact us online today to schedule a confidential consultation with a trusted St. Paul statutory rape defense attorney.

What is Statutory Rape?

Statutory rape, under Minnesota law, occurs when a person engages in sexual activity with a minor who is legally unable to consent due to their age, regardless of whether the minor agrees to the encounter. Unlike other sexual assault charges, statutory rape does not require evidence of force or coercion. Consent is not a valid legal defense because Minnesota law defines certain age differences as inherently non-consensual.

Statutory rape is typically charged under Minnesota Statutes § 609.342 to § 609.344, depending on the specifics of the case. The severity of the charge depends on:

• The age of the minor
• The age difference between the individuals
• Whether the defendant holds a position of authority over the minor
• Whether force, coercion, or threats were involved

For example, a person over 18 engaging in sexual conduct with someone under 16 may be charged with a felony offense, even if the relationship was seemingly consensual.

Penalties for Statutory Rape in Minnesota

Statutory rape charges in Minnesota can result in severe penalties, including long-term imprisonment, mandatory sex offender registration, and a permanent criminal record. The exact penalties depend on the age of the individuals involved and the specific circumstances surrounding the case.

Here’s a breakdown of possible charges and penalties:

1st-Degree Criminal Sexual Conduct

• Involves sexual penetration with a victim under 13, where the actor is more than 36 months older.
• Penalty: Up to 30 years in prison and/or a $40,000 fine.

2nd-Degree Criminal Sexual Conduct

• Involves sexual contact (not penetration) with a victim under 13, with the actor being more than 36 months older.
• Penalty: Up to 25 years in prison and/or a $35,000 fine.

3rd-Degree Criminal Sexual Conduct

• Includes sexual penetration with a victim under 16, where the actor is more than 24 months older, but less than 36 months older.
• Penalty: Up to 15 years in prison and/or a $30,000 fine.

4th-Degree Criminal Sexual Conduct

• Includes sexual contact with a minor under 16 where the actor is more than 48 months older.
• Penalty: Up to 10 years in prison and/or a $20,000 fine.

Sex Offender Registration

Conviction of a statutory rape-related offense usually mandates registration as a sex offender under the Minnesota Predatory Offender Registry, which can severely impact your employment, housing, and social life for years to come.

Legal Defenses to Statutory Rape Charges

At Tamburino Law Group, our St. Paul statutory rape defense attorneys are experienced in identifying and executing strong legal defenses tailored to each client's circumstances. Some potential defenses include:

• Mistaken Age: In some limited cases, the defendant may have had a reasonable belief that the alleged victim was of legal age. While this defense is not always accepted under Minnesota law, it can be explored in certain circumstances.
• Age Proximity ("Romeo and Juliet" Law): Minnesota law offers certain protections for consensual relationships where the individuals are close in age. For example, if both parties are teenagers and the age difference is within statutory limits, the charge may be reduced or dismissed.
• Lack of Evidence: Prosecutors must prove the charges beyond a reasonable doubt. If there is insufficient physical evidence, witness credibility issues, or problems with how evidence was gathered, your defense attorney may move to dismiss the charges or suppress evidence.
• Constitutional Violations: If your constitutional rights were violated during arrest, questioning, or investigation, any evidence obtained as a result may be inadmissible in court.

Our attorneys will meticulously review the details of your case, gather evidence, interview witnesses, and challenge the prosecution’s claims at every step.

FAQs About Statutory Rape Charges in St. Paul, MN

Is statutory rape a felony in Minnesota?

Yes. Most statutory rape charges are felonies and carry serious consequences, including long prison sentences and sex offender registration.

Can I be charged even if the minor lied about their age?

Unfortunately, yes. Minnesota law does not consider the minor’s misrepresentation of age a full defense, although it may influence the prosecution’s decisions or sentencing.

What if the relationship was consensual?

Consent is not a legal defense in statutory rape cases involving minors below the age of consent. Minnesota law presumes that minors below a certain age cannot legally consent to sexual activity.

How can a lawyer help in a statutory rape case?

Our St. Paul statutory rape defense lawyer can investigate the facts, negotiate with prosecutors, argue for reduced charges or dismissal, and vigorously defend your case in court. Your lawyer may also help you avoid registration as a sex offender in applicable cases.

Speak with a St. Paul Statutory Rape Defense Attorney Today

Statutory rape allegations can devastate your life, but you do not have to face these charges alone. At Tamburino Law Group, we provide aggressive, respectful, and confidential legal representation to individuals accused of statutory rape in St. Paul and throughout Ramsey County. Our attorneys have the knowledge and experience necessary to protect your rights and build a compelling defense on your behalf.

Contact us today at (612) 444-5020 to schedule a confidential consultation and learn how we can assist in safeguarding your future.