How Do the Laws Deal With Sexual Violence?

by Minnesota Department of Health

Sexual violence is dealt with in a number of ways by federal, state, and local laws and statutes. The information provided below is not intended to be a comprehensive interpretation of all the legal statutes addressing sexual violence; rather, this overview is offered to help increase understanding of the problem of sexual violence and how it is being handled by the criminal justice system in Minnesota (see the Minnesota Legislative Information Service website for exact statutory language and more detailed information about the laws mentioned here). This unit addresses the following questions:

• What are the criminal laws against sexual violence?
• What does sexual harassment mean legally?
• Who is a mandatory reporter, and when do they have to report?
• What rights do victims have?
• What is sex offender registration?
• What is community notification?

Criminal Laws Against Sexual Violence

Criminal Sexual Conduct  (MN 609.341)

This is the legal term for the crimes commonly referred to as rape, sexual assault, and child sexual abuse. The statutes are classified in different degrees (first through fifth, with first being the most severe), based on a combination of factors:

• Whether the offense involved sexual penetration or contact
• Age of the victim
• Relationship of the offender to the victim (e.g., position of authority, significant relationship, psychotherapist, member of clergy)
• Whether a weapon was used
• Whether consent was present, or force or coercion was used

Following are words and definitions found in the Criminal Sexual Conduct statutes:

Sexual penetration  (MN 609. 341, subd. 12)

Any of the following acts:

1. Sexual intercourse, cunnilingus and fellatio (oral intercourse), or anal intercourse.

2. Any intrusion (however slight) into the genital or anal openings:

   a. Of the victim's body (by any part of the body of the offender or the victim, or any objects used by the offender, the victim or another person).

   b. Of the offender's body, or another person's body, with any part of the victim's body, or by an object, when effected by coercion, authority, or inducement (if the victim is younger than 13 or mentally impaired).

Sexual contact  (MN 609.341, subd. 11)

Any of the following, done with sexual or aggressive intent:

1. Intentional touching of the victim's intimate parts by the offender or another person (intimate parts are defined as the primary genital area, groin, inner thigh, buttock, or breasts in MN 609.241, subd. 5).

2. Touching by the victim of the intimate parts of the offender, the victim or another person when effected by coercion, authority, or inducement (if the victim is younger than 13 or mentally impaired).

3. Touching of the clothing covering the immediate area of the intimate parts.

Force  (MN 609.341, subd. 3)

The infliction of bodily harm (actual, attempted or threatened), or threat of some other crime, which causes the victim to reasonably believe that the offender has the present ability to execute the threat, and this causes the victim to submit.

Coercion  (MN 609.341, subd. 14)

Words or circumstances that cause the victim to have reasonable fear that the offender will imprison or harm the victim or another, or force the victim to submit to sexual penetration or contact. In cases of criminal sexual conduct, a victim's claim of coercion does not require proof of a specific act or threat to be considered coercion.

Consent  (MN 609.341, subd. 4)

Words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with a partner.

Legal Age of Consent

The legal age of consent varies based on the circumstances of the sexual contact or penetration, such as:

1. The age difference between the victim and the offender
2. The relationship between the victim and the offender
3. The offender's awareness of the victim's age

Other Criminal Laws Against Sexual Violence

Pornography  (MN 617.241)

It is unlawful for a person to exhibit, sell, print, offer to sell, give away, circulate, publish, distribute, or attempt to distribute any obscene material. It is also illegal to produce, present, participate in, or direct an obscene performance.

Obscene means that the work, taken as a whole, appeals to the vulgar interest in sex, and depicts or describes, in a patently offensive sexual manner, sexual conduct. Also the work, taken as a whole, does not have serious literary, artistic, political or scientific value (MN 617.241).

Child pornography (MN 617.245)

The use of minors (anyone under the age of 18) in sexual performances is prohibited. It is illegal for a person to promote, employ, use, or permit a minor to engage in, or assist others in, posing or modeling (alone or with others) in any sexual performance. Promoting includes producing, directing, publishing, manufacturing, issuing, or advertising.

Sexual performances: include any play, dance or other exhibition presented before an audience, or for the purposes of visual or mechanical reproduction, which depicts sexual conduct (MN 617.246, subd. 1). (for Sexual conduct: see MN 617.241, subd. 1b).

Prostitution  (MN 609.321)

Prostitution is engaging, or offering or agreeing to engage, for hire in sexual penetration or sexual contact. This laws applies both to people used in prostitution, and those who solicit or offer prostitution. Owning or managing a business or place of prostitution is also prohibited under this statute, as is soliciting or procuring patrons for prostitution.

Indecent Exposure  (MN 617.23)

This law prohibits willfully and lewdly exposing one's body, or private parts thereof, in any public place, or in any place where others are present. It also outlaws procuring another person to expose their body parts, and engaging in any open or gross lewdness or lascivious behavior, or any public indecency.

Obscene or harassing phone calls  (MN 609.79)

It is unlawful to make any comment, request, suggestion or proposal which is obscene, lewd, or lascivious, over the phone. This statute also prohibits making phone calls, whether or not conversation ensues, with the intent to abuse, disturb, or cause distress.

Stalking  (MN 609.749)

Stalking is considered a form of harassing behavior, and is prohibited by this statute. Harassing behavior is any intentional conduct which the offender knows (or has reason to believe) would cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated. No proof of specific intent is required. Harassment includes the following activities:

1. Showing the intent to injure the victim, property, or rights of another
2. Following or pursuing the victim
3. Being on the victim's property without right or consent
4. Making repeated phone calls
5. Sending or delivering repeated letters, telegrams, packages, or other objects
6. Engaging in any other harassing conduct that interferes with the victim's life or property