The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Minnesota, sexual assault is addressed under various statutes that define and penalize different forms of nonconsensual sexual conduct. The state's criminal sexual conduct statutes are divided into several degrees, with first-degree criminal sexual conduct being the most severe. This includes acts of sexual penetration with another person without consent and under certain aggravating circumstances, such as when the victim is under a certain age or when the perpetrator uses force or a threat of force. Lesser degrees of criminal sexual conduct cover nonconsensual sexual contact, which can include touching, groping, or pinching, and may not necessarily involve penetration. The specific degree of the offense and the associated penalties depend on factors such as the nature of the act, the relationship between the perpetrator and the victim, the age of the victim, and whether the perpetrator used force or coercion. It is important for individuals in Minnesota to understand that consent is a key element in these offenses, and lack of consent can result from various situations, including when a person is mentally incapacitated or physically helpless. Penalties for sexual assault in Minnesota can be severe, including imprisonment and registration as a sex offender.