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Updating criminal sexual misconduct

Published (3/20/2009)
By Mike Cook
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A person acting as a lookout or blocking an exit during a gang rape can now be charged with the most severe crime of the group.

Supporters of a bill sponsored by Rep. John Lesch (DFL-St. Paul) would like to see all people charged with the same level offense if force or coercion is used.

That is just one of many provisions in HF1392. The omnibus sexual conduct technical review bill clarifies existing statutes and addresses technical changes.

“I would be able to charge the actual rapist with only third-degree criminal sexual conduct, which is penetration with force or coercion. I would, however, be able to charge the lookout with first-degree criminal sexual conduct because it was an aid or abet situation,” Assistant Scott County Attorney Cory Tennison told the House Crime Victims/Criminal Records Division March 13.

Approved by the division, the bill awaits action by the House Public Safety Policy and Oversight Committee. A companion, SF1186, sponsored by Sen. Mee Moua (DFL-St. Paul), awaits action by the Senate Judiciary Committee.

Caroline Palmer, staff attorney with the Minnesota Coalition Against Sexual Assault, said that 61,000 Minnesotans were harmed by sexual violence in 2005, and its statewide economic impact was in the $8 billion range.

Other changes proposed in the bill include:

• extending the statute of limitations to the longer of nine years after committing an offense, or three years after reporting to law enforcement for individuals sexually assaulted as a minor;

• restoration of a 36-month presumptive sentence for repeat convictions of first- through fourth-degree criminal sexual conduct within 15 years of a previous offense; and

• adding the intentional deposit of seminal fluid or sperm on a victim or their clothing to the definition of sexual contact for second- and fourth-degree criminal sexual contact. Tennison said the act must be done with sexual or aggressive intent.

“We understand the changes to criminal statute may well result in fiscal impact,” Palmer said. “Still, we believe financial challenges should not prevent us from talking about what the state can do to improve the laws governing criminal sexual conduct.”

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