Legal Question in Criminal Law in Minnesota

Under-age Rape

Long story short i will be moving back to minnesota to play bodygaurd for my sister. My sister informed me 2 days ago that she was raped, and shes afraid to bring it to court. the guy keeps harassing her, so thats where i come in.

shes under 16 and her assailant is, i believe 17.

what are her rights concerning this matter going to court?

what are the odds her assailant will be brought to fair justice?

the guy acctually walked into the house and asked her if she wanted to come over to get high and drunk. the guy's audacity irritates me to no end. any help concerning this matter is greatly appreciated


Asked on 1/30/06, 11:12 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Under-age Rape

I am not certain that I understand the question. If the assailant forced her to have sexual contact, she should report it to law enforrcement who will investigate the matter and a decision will be made whether or not to charge the person with a crminal offense. That will depend entirely on the strength of the case. The longer you sister waits to report it, the weaker the case may become from a prosecution perspective.

As a victim, your sister would be infomred of the proceedings and correspond with a victim's advocate.

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Answered on 1/30/06, 12:08 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Under-age Rape

Based upon the information in your question, it is unclear whether you believe there was a forcible rape (as opposed to so-called "statutory rape" based merely on age).

In any event, if a person claiming to have been raped delays reporting it, this will reduce the chances of a successful police investigation and prosecution. Generally, a rape victim can preserve evidence by going to a hospital emergency room, or similar place, for a medical examination often including what is called a "rape kit" by a nurse experienced in rape cases. Then the rape victim can follow up with police (though this might already be set in motion by the medical staff in some cases).

In light of her being a juvenile, an adult could report the alleged rape on her behalf.

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Answered on 1/30/06, 3:57 pm


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