In Minnesota, the term “criminal sexual conduct” encompasses sexual assault and general sex crimes that are prosecuted in the same manner. However, while they are prosecuted the same, the degrees and punishments of criminal sexual misconduct cases differ depending on the circumstances. It is up to the prosecutor to show beyond a reasonable doubt that the defendant is guilty of the allegations against them. Proving something beyond a reasonable doubt means convincing a jury that the defendant committed the sexual assault that they were accused of committing. Since prosecutors work to prove the same thing, defense attorneys have a lot of room to explore ways to build strong defenses.
Prosecutors want to prove the defendant committed the act, but the defense attorney doesn’t need to prove the defendant didn’t commit the sexual assault; rather, they must cast reasonable doubt on the allegations so that the jury doesn’t feel comfortable declaring a guilty verdict.
Table of Contents
Being accused of sexual assault can be terrifying. However, contacting a skilled Minnesota defense attorney should bring clarity and relief from the emotional turmoil you may be facing. Defense attorneys understand Minnesota laws pertaining to criminal sexual misconduct and may be able to find a defense strategy that can reduce your charges and penalties or have your charges dismissed entirely.
Good strategic defenses don’t necessarily prove that you are completely innocent, but instead focus on creating enough reasonable doubt about the allegations that juries cannot convict. A defense attorney needs to argue and present evidence that contradicts whatever the prosecution states or presents. Defense strategies are built on a case-by-case basis, but there are a number of common defenses that are used to counter sexual assault charges that revolve around content, mental capacity, and applying the concept of innocent until proven guilty.
Personal cell phone records that include texts, calls, and social media exchanges can make significant impacts on the success of a defense strategy and the outcome of a case. Most sexual assault cases stem from “she said, he said” incidents, and it can be difficult to prove either party is telling the truth. However, cell phone records are visible evidence that can support the version of the events detailed by the defendant. The digital exchanges can, for example, show the sexual encounter was consensual in nature. As another example, explicit text messages between the two parties can help prove there was an ongoing sexual relationship.
To obtain phone records, a defense attorney can subpoena the records needed to show the court you are not guilty or to cast reasonable doubt on the allegations against you. Before a case goes to court, the records can be turned over to the police and possibly help dismiss your charges entirely.
Facing criminal charges can be daunting, but you don’t need to tackle it on your own. At Knutson + Casey Law Firm, we believe that everyone deserves a second chance and are committed to helping our clients get those second chances. Our law firm may be able to thoroughly investigate your case to gather supporting evidence and work with expert witnesses to build a strong defense strategy. We are committed to helping our clients achieve favorable outcomes.
To schedule a consultation and begin discussing your defense strategy, call us at (507) 344-8888 or fill out our contact form.