Why Does Position of Authority Matter in Minnesota Sex Crimes?
Criminal sexual conduct cases in Minnesota are some of the most difficult and aggressively prosecuted of all criminal cases. This is particularly true with child molestation cases. At the same time, there are various aspects of these sex cases, frequently called CSC cases, that can actually make it worse. While it may be the underlying facts, injuries, age of the child and other issues, one of the circumstances that can make a case worse is something called position of authority. If you are facing serious criminal sexual conduct charges in Minnesota and being in a position of authority is one of the allegations, it is important that you immediately sit down with an experienced Minnesota sex crimes defense attorney.
So, what is a position of authority and why does it matter in sex cases?
According the the State of Minnesota::
"Current or recent position of authority" includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act.”
In the end, the State has defined it as being in a position of power and the ability to coerce. As a result, if one is in a position of power, that power comes with the ability to control, force, manipulate and more and the Court has defined more loosely than you might think. This specifically applies to children. However, being in a position of authority could also impact sentences involving adult victims.
Position of Authority and Children
In criminal sexual conduct cases involving children, people charged could face substantially harsher sentencing based upon their relationship with that person under the age of 18. For obvious reasons, being a parent, step-parent or guardian are examples. It may also seem obvious that if you are a police officer, firefighter, first responders, soldier or other person in uniform, this could easily bring with it an air of authority and the possibility of a position of authority designation. However, it can go much further to include a teacher, counselor, therapist, school employee and more. Even these may seem clear. But consider that situation where somebody was ever in the role of baby sitter, even in the loosest sense, and you realize that just about any role in which there was the slightest implication of oversight may be enough. The result may result in different charges, more serious sentences and more time in prison.
Position of Authority and Adults
While there isn’t a position of authority designation in statues involving criminal sexual conduct cases for adults, that doesn’t mean that it will be missed at sentencing. If you are a police officer, a doctor, a lawyer, a Priest, a Nurse, a therapist, Courts may use this as a way to sentence more harshly and as a justification to depart upward. It is always something that must be considered.
Go with a Board Certified Criminal Law Specialist
If you are facing serious criminal sexual conduct charges, date rape charges, child pornography charges, sex trafficking charges or any other sexual offense in Minnesota, it is critical that you consult with an experienced Minnesota sex crimes defense attorney and Board Certified Criminal Law Specialist. The charges, social impact and sentencing can be catastrophic. This requires more training, more experience, extensive trial experience, recommendations, ongoing oversight and more. In fact, less than 3% of all criminal defense attorneys hold this designation.
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor and a former CIA Officer. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.