Legal Question in Criminal Law in Minnesota

Re: Husband has sex with 16 year old

There are only two ways the husband could be found guilty of statutory rape in this scenario. First, if he is at least 48 months older than the 16 year old and has some position of authority over her. A position of authority is generally defined as someone having some kind of parental authority over someone or someone who has any duty or responsibility over the health and well-being of the person, like a teacher, pastor, social worker, etc. The second way is if he has a "significant relationship" with the 16 year old, which is defined as something stronger than a positon of authority. This one applies even if the husband is less than 48 months older than the 16 year old. Parents can be the ones who report the crime, then the prosecution takes it from there. As for your question about the accusation of forceful rape, there is always that possibility no matter what the ages of the people are. I'm not sure how long a person's DNA stays inside someone, but I know it is certainly not forever. My guess is it would be gone within weeks for sure.

Re: Husband has sex with 16 year old

Most people would probably say that, in Minnesota, "the age of consent is 16" -- in other words, under normal circumstances consensual sex with a person age 16 or older is not a crime in Minnesota. "Normal circumstances"? Yes, there are numerous exceptions, which are listed in Minnesota Statutes Sections 609.342 - 609.3451, among others. These include certain types of relationships between the sex partners, disabilities of one of the parties, etc. See:

http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/

Proving virginity is not an element of any crime in Minnesota. Could someone claim rape falsely? Sure. It happens a lot. Does DNA from sperm stay in a woman forever? Not likely. It's my recollection that such evidence is generally collected within hours, or within a day. You could look into forensic testing texts for the known outer limits. The girls parents could complain to police, if they wished. Only the prosecutor could decide to file criminal charges, based upon police investigation and witness statements.

I sometimes provide private counsel to people in these situations. Contact me if interested in that.