Legal Question in Criminal Law in Minnesota

Re: Age of Consent - disturbing

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Statutory rape is based on the difference in ages between the parties. As a general rule, age 16 is the age of consent. To review the law visit our article at http://www.nvo.com/beaulier/sexcrimes

Re: Age of Consent - disturbing

Although your question may be simple, the answer is not. Why? The legislature has created a complex web of criminal laws.

Generally, it is a crime for a person to have sexual contact with another under the age of 16, unless not more than 48 months older. So, if a 30-year-old woman had consensual sexual contact with a willing 15-year-old boy, she could be charged with a crime, simply based on age. However, if a 17-year-old girl had consensual sexual contact with a 15-year-old boy, she could not be charged with a crime, simply based on age.

There are crimes in Minnesota Statutes that can be used to convict persons proven to have had consensual sexual contact with a willing person 16 or 17 years old, if there was a "significant relationship" (e.g., a near-relation or person living in the same home) or in "position of authority" (e.g., a parent or person acting in the place of a parent, a psychotherapist, etc.) For some of these, there is an exception if the actor is less than 48 months older than the sex partner.

If you want to view the Minnesota statutes on criminal sexual conduct yourself, look at Sections 609.341 through 609.351. You can find these at the Minnesota Legislature's web site. Because the laws in this area are so complex, they must be reviewed carefully in light of each particular case.

To address your hypothetical about a consensual sexual relationship between a willing 30 year old and a willing 16 year old -- that would generally not be a crime based solely upon age, unless the older person was "in a position of authority" over the younger one, or there was a "significant relationship between them. Also, if the two involved in the consensual sexual relationship are voluntarily cohabiting or married, then there may not be a crime based solely upon the ages of the two persons in the sexual relationship.

These are all general statements. If any matter of importance to you depends upon the laws in this area, you should both review the relevant statutes and case law yourself, and consult a lawyer about it.

What can a parent do if they object to their 16-year-old child willingly having a consenting, sexual relationship with a 30-year-old person? I believe there are many answers to that question. In most cases, it is unlikely that criminal prosecution and imprisonment of the 30 year old in that consensual relationship will be one of them, however. I would try talking about it with my child. Also, I would seek help in parenting from my religious community, from counselors, from family, friends, etc. If I felt the relationship was unhealthy, after first talking with my child about it, I would certainly consider not doing anything to aid or assist my child in maintaining that relationship.

My personal opinion is that it would be unjust to label someone a "sexual criminal" for life, and imprison them, simply for having had a consensual sexual relationship with a willing 16 or 17 year old.