Sexual Violence Basics
How Do the Laws Deal With Sexual Violence?

Sexual violence is dealt with in a number of ways by federal, state, and local laws and statutes. The information provided below is not intended to be a comprehensive interpretation of all the legal statutes addressing sexual violence; rather, this overview is offered to help increase understanding of the problem of sexual violence and how it is being handled by the criminal justice system in Minnesota (see the Minnesota Legislative Information Service website for exact statutory language and more detailed information about the laws mentioned here). This unit addresses the following questions:

• • • • • •

What are the criminal laws against sexual violence? What does sexual harassment mean legally? Who is a mandatory reporter, and when do they have to report? What rights do victims have? What is sex offender registration? What is community notification?

Criminal Sexual Conduct (MN 609.341)
This is the legal term for the crimes commonly referred to as rape, sexual assault, and child sexual abuse. The statutes are classified in different degrees (first through fifth, with first being the most severe), based on a combination of factors:

• • • • •

Whether the offense involved sexual penetration or contact Age of the victim Relationship of the offender to the victim (e.g., position of authority, significant relationship, psychotherapist, member of clergy) Whether a weapon was used Whether consent was present, or force or coercion was used

Sexual penetration (MN 609. 341, subd. 12)
Any of the following acts:

1. 2.

Sexual intercourse, cunnilingus and fellatio (oral intercourse), or anal intercourse. Any intrusion (however slight) into the genital or anal openings: a. Of the victim's body (by any part of the body of the offender or the victim, or any objects used by the offender, the victim or another person). b. Of the offender's body, or another person's body, with any part of the victim's body, or by an object, when effected by coercion, authority, or inducement (if the victim is younger than 13 or mentally impaired).

Sexual contact (MN 609.341, subd. 11)
Any of the following, done with sexual or aggressive intent:

1. 2. 3.

Intentional touching of the victim's intimate parts by the offender or another person (intimate parts are defined as the primary genital area, groin, inner thigh, buttock, or breasts in MN 609.241, subd. 5). Touching by the victim of the intimate parts of the offender, the victim or another person when effected by coercion, authority, or inducement (if the victim is younger than 13 or mentally impaired). Touching of the clothing covering the immediate area of the intimate parts.

Force (MN 609.341, subd. 3)
The infliction of bodily harm (actual, attempted or threatened), or threat of some other crime, which causes the victim to reasonably believe that the offender has the present ability to execute the threat, and this causes the victim to submit.

Coercion (MN 609.341, subd. 14)
Words or circumstances that cause the victim to have reasonable fear that the offender will imprison or harm the
victim or another, or force the victim to submit to sexual penetration or contact. In cases of criminal sexual conduct, a victim's claim of coercion does not require proof of a specific act or threat to be considered coercion.

Consent (MN 609.341, subd. 4)
Words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with a partner.

Pornography (MN 617.241)
It is unlawful for a person to exhibit, sell, print, offer to sell, give away, circulate, publish, distribute, or attempt to distribute any obscene material. It is also illegal to produce, present, participate in, or direct an obscene performance.

Obscene means that the work, taken as a whole, appeals to the vulgar interest in sex, and depicts or describes, in a patently offensive sexual manner, sexual conduct. Also the work, taken as a whole, does not have serious literary, artistic, political or scientific value (MN 617.241).

Child pornography (MN 617.245)
The use of minors (anyone under the age of 18) in sexual performances is prohibited. It is illegal for a person to promote, employ, use, or permit a minor to engage in, or assist others in, posing or modeling (alone or with others) in any sexual performance. Promoting includes producing, directing, publishing, manufacturing, issuing, or advertising.

Sexual performances: include any play, dance or other exhibition presented before an audience, or for the purposes of visual or mechanical reproduction, which depicts sexual conduct (MN 617.246, subd. 1).
(for Sexual conduct: see MN 617.241, subd. 1b).

Prostitution (MN 609.321)
Prostitution is engaging, or offering or agreeing to engage, for hire in sexual penetration or sexual contact. This laws applies both to people used in prostitution, and those who solicit or offer prostitution. Owning or managing a business or place of prostitution is also prohibited under this statute, as is soliciting or procuring patrons for prostitution.

Indecent Exposure (MN 617.23)
This law prohibits willfully and lewdly exposing one's body, or private parts thereof, in any public place, or in any place where others are present. It also outlaws procuring another person to expose their body parts, and engaging in any open or gross lewdness or lascivious behavior, or any public indecency.

Obscene or harassing phone calls (MN 609.79)
It is unlawful to make any comment, request, suggestion or proposal which is obscene, lewd, or lascivious, over the phone. This statute also prohibits making phone calls, whether or not conversation ensues, with the intent to abuse, disturb, or cause distress.

Stalking (MN 609.749)
Stalking is considered a form of harassing behavior, and is prohibited by this statute. Harassing behavior is any intentional conduct which the offender knows (or has reason to believe) would cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated. No proof of specific intent is required. Harassment includes the following activities:

1. 2. 3. 4. 5. 6.

Showing the intent to injure the victim, property, or rights of another Following or pursuing the victim Being on the victim's property without right or consent Making repeated phone calls Sending or delivering repeated letters, telegrams, packages, or other objects Engaging in any other harassing conduct that interferes with the victim's life or property

Nationally, sex discrimination is prohibited under Title VII of the Federal Civil Rights Acts of 1964. Sexual harassment is considered to be a form of sex discrimination. It can be perpetrated by individuals of either gender, and can be committed against a victim of either gender (this includes same-sex sexual harassment). Employers and schools can be held liable when sexual harassment occurs within their environments.

MN 363.12 secures freedom from discrimination for people in Minnesota. In employment, public accommodations or public services, education, and housing, sexual harassment is considered a form of sex discrimination.

Sexual harassment (MN 363.01) includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature when:

1. 2. 3.

Submission to the harassment is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing. Submission to or rejection of the harassment is used as a factor in decisions affecting that individual. The conduct or communication has the purpose or effect of substantially interfering with an individual's performance in employment, public accommodations or public services, education, housing, or creating an intimidating, hostile, or offensive environment; and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.

Sexual Harassment Policies

Public Schools
Every school board is required to adopt a written sexual harassment and sexual violence policy (MN 127.46). The policies must apply to pupils, teachers, administrators, and other school personnel; they must also include mandatory reporting procedures, and set forth disciplinary actions that will be taken for violation of the policy. The policy must be conspicuously posted throughout each school building, given to each district employee and independent contractor at hiring, and included in each school's student handbook on school policies. Each school must develop a process for discussing the school's sexual harassment and violence policy with students and school employees.

State Colleges and Universities
The board of trustees of the Minnesota State Colleges and Universities (MnSCU) is required to adopt a clear, understandable policy on sexual harassment and sexual violence that informs victims of their rights (MN 135A.15). The policy must apply to students and employees and provide information about their rights and duties. Moreover, colleges and universities are required to provide all students with information about the policy when they register for classes.

Minnesota's public policy is to protect children whose health may be jeopardized though physical abuse, neglect or sexual abuse (MN 626.556).

State policy also protects adults who, because of physical or mental disability, or dependency on institutional services, are particularly vulnerable to maltreatment (MN 626.557). Both criminal sexual conduct and prostitution are considered reportable offenses under this statute.

These statutes also require certain members of the community to report sexual abuse of children and of vulnerable adults. The statutes require that a mandated reporter who knows, or has reason to believe, that a child or vulnerable adult is being neglected, or physically or sexually abused, must report that information to a local welfare agency, police department, or county sheriff. The statute does not require that the reporter know or prove that victimization is occurring. If they suspect, or have a reason to believe, that abuse may be occurring, they are mandated to report. Who is required to report? Mandatory reporters of suspected child abuse and neglect:

Who are vulnerable adults? A vulnerable adult is defined as a person 18 years or older who: 1. is a resident or inpatient of a facility. 2. receives services at or from a facility required to be licensed to serve adults. 3. receives home health care or personal care assistant services. 4. possesses a physical or mental infirmity or other physical mental or emotional dysfunction that impairs the individual's ability to provide his/her own care, and requires assistance of another for food, shelter, health care, or supervision.

1. 2.

A professional engaged in social services, education, law enforcement, the care of vulnerable adults, or the duties of a medical examiner/ coroner An employee or person providing services in a licensed facility, including: a. b c. d. e. hospitals nursing homes, residential or nonresidential programs serving vulnerable adults home care providers person or organization offering, providing or arranging personal care assistant services under a medical assistance program any of the occupations included among health-related licensing boards

Who can be a reporter? Any person may voluntarily report to a local welfare agency, police department, or county sheriff if he or she has reason to believe, or suspects, that a child or vulnerable adult is being abused. Whenever an individual (a mandatory reporter or a concerned citizen) reports suspicions of abuse in good faith, they are immune from any civil or criminal liability.

Victim Rights
According to Minnesota law (MN 611A), victims of crime have certain rights. A victim is defined as someone who incurs loss or harm as a result of a crime (MN 611A.01). Victims' rights include (but are not limited to) the following:

• • • • • • • • • • • •

To be notified of their rights at initial contact with a peace officer (611A.02) To apply for reparations to cover losses (not including property losses) (611A.66) To request that law enforcement withhold his or her identity from the public (611A.021) To be informed of the nearest crime victim assistance program or resource (611A.02) To be informed about, and participate in, the prosecution process (if the offender is charged), including the right to request restitution (611A.04) To request that the prosecutor demand that the trial begin within 60 days of the arraignment (611A.033) To be informed about a proposed plea agreement (including amount of jail or prison time recommended) (611A.0315) To attend the sentencing hearing and present his or her opinion of the plea agreement (611A.03) To be present in court to testify at the request of the prosecutor, or by subpoena, without any retaliation by one's employer (e.g., being discharged, threatened with discharge or disciplined) (611A.036) To submit or present a victim impact statement to the court, either orally or in writing, before the court sentences the offender. The statement may include a summary of the harm or trauma, the economic loss or damage suffered by the victim, and the victim's reaction to the proposed sentence or disposition (611A.037) To be informed about the offender's release and/or escape (if so requested) (611A.06) To receive a written or oral notice of the final disposition of a case by the prosecutor and to be notified of any modification in the sentence of the offender (611A.039)

Sex Offender Registration In 1991, Minnesota became the second state in the U.S. to require sex offender registration. The registration law applies to all individuals convicted of sex offenses or other predatory crimes. The statute (MN 243.166) requires that convicted sex offenders register with probation or law enforcement. They must supply personal information, most importantly their current address. Offenders must keep their registrations current for ten years after their release from custody or placement on probation, and must give authorities five days notice before relocating to a new address.

In 1994, the crime of failing to register was changed in Minnesota from a misdemeanor to a gross misdemeanor, meaning that instead of a potential custody period of up to 90 days, and a $700 fine, offenders now could spend up to a year in custody and pay a $3,000 fine. The offense also mandates five additional years of registration. A repeat offense of failing to register constitutes a felony.

The Minnesota legislature enacted a community notification law (MN 244.052) in 1996. The law allows local law enforcement to provide communities with information about some convicted sex offenders, including their whereabouts.

Before a sexual offender or other predatory offender is released from a state correctional facility, Minnesota Statutes 244.052 and 244.053 require that the Department of Corrections conduct a risk level assessment to measure the likelihood that the offender will commit further sexual offenses. This assessment is based on the type and severity of the conviction offense, whether the crime involved violence, the prisoner's amenability to treatment, and his/her overall psychological condition. The risk level assigned determines what kind of notification local law enforcement can provide (see box).