How Does Use of Force Impact Sex Crime Charges in Minnesota?
Words matter and so do definitions. This is especially true when it comes to law, the U.S. and Minnesota Constitution and criminal justice. Criminal sexual charges in particular are some of the most aggressively prosecuted in Minnesota and the sentencing around these kinds of charges can even dwarf what those charged with murder can face. As a result, Jack Rice Defense wants to focus in on words and definitions as they apply to criminal sexual charges here in Minnesota. If you are facing possible criminal sexual conduct charges, contact Board Certified Criminal Law Specialist Jack Rice at Jack Rice Defense for free a consultation.
This article will focus on the definition of Force. In the context of criminal sexual conduct charges, Force is defined as:
“the infliction, attempted infliction, or threatened infliction by the actor of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which
causes the complainant to reasonably believe that the actor has the present ability to execute the threat; and
if the actor does not have a significant relationship to the complainant, also causes the complainant to submit.”
For more on Sex Crimes, Go to Jack Rice Defense Sex Crimes Page.
The use of force or lack thereof may impact how a case is charged, even the threat of force may be enough. Therefore, it is critical to understand the allegations of a charge but it is frequently more important to understand how those standard apply in a particular case. The application of force may impact the level of offense so the allegations themselves may be critical. For instance, CSC 1 and 2 cases may apply to conduct involving personal injury, use of a dangerous weapon, apply to a particularly young victims and especially to the use of or threatened use of force. For more on this, contact a criminal defense lawyer immediately.
One issue that an experienced criminal defense attorney may consider regarding force is whether the person accused had the present ability to execute such force. There are some circumstances where capability may be critically important.
On additional issue where force makes a difference in criminal sexual conduct cases applies to sexual predator registration requirements. The application of force or coercion may change the registration requirement from a ten year obligation to a lifetime obligations. As you can see, the issue may be critical. Make sure your criminal defense attorney is experienced in these kinds of cases and knows what to look for.
Make Jack Rice Defense your first call.
Know your rights and don’t go this alone. Talk to a criminal defense attorney who knows what is coming at you. Jack Rice is the founder of Jack Rice Defense. He is a former prosecutor, a Board Certified Criminal Law Specialist and a criminal defense attorney with more than twenty years of his experience. Call Jack Rice Defense for a free confidential consultation at 651-447-7650 or fill out the attached confidential form and we will follow up quickly.