Legal Question in Criminal Law in Minnesota

Being investigated for sexual assault

I and a friend (we are both males) were passed out on the same bed. Apparently my hand was on his privates and he thought I did it on purpose. He reported it to the police. I was asked to come in for questions. I said that I did not do it. They asked me if it could have happened accidentally and I had to concede that it could have.

I do not remember my hand being there but if my friend says it was then I believe that it was. My friend and I have reconciled. We wrote a letter to the investigator and the County Attorney telling them that we know the incident was unintentional and without malice, and that we would like the investigation to cease. We assumed that if my friend, as the complainant, recanted, that they would cease their investigation. But I received an email from the County Attorney stating that the investigation was still open and that if we had any further comments, we should direct them to the investigator.

I am left worrying that I could go to prison for years and years for something that I am not even aware happened. We want this to go away. Can you tell us if there is a time limit on how long I can be investigated before a decision is made? Can you tell us the likelihood that I will be charged?


Asked on 10/24/08, 5:05 pm

3 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Being investigated for sexual assault

First, it would seem a prosecution is unlikely. Nonetheless, it is wise to make NO more statements to police. Intent is a necessary element of the offense of criminal sexual conduct. If the primary witness recants, the state would be hard pressed to put forward a case.

Nonetheless, you should be prepared.

Call for a a FREE consultation at 612.240.8005.

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Answered on 10/25/08, 1:31 am
Nathan Hansen Nathan M. Hansen, Attorney at Law

Re: Being investigated for sexual assault

You should not write about this on the Internet. Contact my office or another attorney to discuss it. E-mail me if you want to talk about it. There are ways to deal with this.

Nathan M. Hansen

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Answered on 10/24/08, 5:15 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Being investigated for sexual assault

The shortest Minnesota statute of limitations for prosecutions is three years, but several relating to sex crimes are longer. It's potentially more complicated than that. Suffice it to say, "years."

The important things to do in these situations are to:

1. Avoid talking to, or voluntary contact with police, or prosecutors.

2. Avoid discussing the allegations with anyone.

3. Develop self-discipline and inner strength.

4. Seek good "pre-charge" legal counsel from a good criminal defense lawyer like me.

FFI: www.Liberty-Lawyer.com

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Answered on 10/24/08, 6:46 pm


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