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Grabbing clothing over buttocks could result in charges if exclusion erased

It is not illegal under Minnesota’s fifth-degree criminal sexual conduct code to intentionally touch the clothing area over someone’s rear end.

Sponsored by Rep. Regina Barr (R-Inver Grove Heights), HF2800 would criminalize the activity.

Approved Wednesday by the House Public Safety and Security Policy and Finance Committee, the bill was sent to the House Floor.

There is no direct Senate companion; however, SF2750, sponsored by Sen. John Marty (DFL-Roseville), awaits action on the Senate Floor. Its language matches that of Barr’s bill, and is a companion to HF3182, sponsored by Rep. Mary Kunesh-Podein (DFL-New Brighton).

Caroline Palmer, public and legal affairs manager at the Minnesota Coalition Against Sexual Assault, testifies for HF2800 that would eliminate the criminal sexual conduct exclusion for touching another person’s clothed buttock. Photo by Paul Battaglia

In light of the recent wave of sexual misconduct allegations and admissions, and the #metoo movement, Barr began to review what was legal and illegal under state law.

“When I took a look at this particular statute I was surprised to find out what was excluded,” she said. “I feel strongly that we need to close this loophole.”

The carve-out was not in anti-groping legislation proposed more than 30 years ago. However, Jeff Diebel from the nonpartisan House Research Department read from a May 1987 article where former Sen. Allan Spear, whose amendment removed the provision, said “I don’t want anyone to think this is proper behavior, but sometimes we must make a distinction between behavior that is improper and unsocial and behavior that we ought to criminalize.”

Caroline Palmer, public and legal affairs manager at the Minnesota Coalition Against Sexual Assault, shared the story of a woman who was a victim of “intense groping” and subjected to sexual texts at a work event as an example of why the change is necessary.

“She is a survivor of sexual assault and she said that she felt pretty violated after that, just as much as she did from the sexual assault before,” Palmer said. “She reported it and they are working it through the system, but what they found is they couldn’t charge this under [current statute] and she doesn’t really feel like the potential punishment that might come really fits the violation that she feels.”

By law, a first-time violation would be a gross misdemeanor.

 


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