A knock on your door. A detective’s voicemail. A whisper spreading through your job or school. When you’re falsely accused of sexual assault in MN, it can feel like your entire world tilts sideways overnight. You may be shocked that charges can move forward based on one person’s words. But they can and often do.
Minnesota prosecutors are legally permitted to file charges even without physical evidence. Under state law, a complaint alone, if deemed credible, can be enough to pursue a conviction for criminal sexual conduct. That’s why your actions in the first 24 to 72 hours after an arrest matter more than you think.
With the help of an experienced sexual assault defense attorney at Arechigo & Stokka, knowing what to do right away can protect your rights and give you a fighting chance to clear your name.
First Steps After an Arrest: Protect Yourself from Day One
Wrongful criminal sexual conduct accusations move quickly. You can take control in the moments after an accusation or arrest by doing the following:
- Do not talk to the police. No matter how convincing they sound, do not explain, justify, or defend yourself without legal counsel. You have the right to remain silent.
- Call a criminal defense attorney immediately. An early legal response may prevent charges or influence how the case is filed.
- Secure any digital evidence. Save emails, DMs, texts, receipts, and location data.
- Avoid contacting the accuser. Contacting the accuser may be construed as intimidation or harassment.
- Follow release conditions closely. Violating them, even accidentally, can damage your defense.
Taking these steps immediately helps protect your rights and gives your attorney more tools to fight back.
Why False Accusations Still Lead to Charges
Many people believe no physical evidence means no case. Unfortunately, that’s not true in Minnesota. Prosecutors are not required to corroborate the complainant’s story. A charge can proceed based solely on the sexual assault complainant’s testimony if the prosecutor finds it credible.
State law also allows circumstantial proof, such as location data, phone logs, or third-party observations, to support the prosecution’s timeline or narrative. Even without DNA or physical injuries, a prosecutor may argue that these facts are compelling enough to convince a jury.
Defending False Sexual Assault Claims: Six Strategies to Use
While no single defense works for every case, there are effective arguments to use when facing false accusations of sex crimes. These six powerful strategies a skilled attorney might employ include:
- Challenging inconsistencies. A complainant’s (accuser) credibility is undermined when their story changes or conflicts with verifiable facts. Inconsistencies in dates, descriptions, or timelines can frequently establish reasonable doubt.
- Using digital or forensic evidence. Phone records, GPS logs, or timestamped messages can contradict the accusation or show you were elsewhere. This is crucial when proving innocence in a sexual assault case in MN that lacks direct physical evidence.
- Revealing motive to fabricate. False claims can result from a personal grudge, divorce dispute, or attempt to control a shared narrative. Exposing ulterior motives helps jurors view the allegation in a different light.
- Demonstrating a lack of opportunity. If the accused had no realistic access to the alleged location or timeframe, this defense can undercut the plausibility of the accusation.
- Exposing investigative failures. Poorly executed police work, coerced statements, or improperly preserved evidence can provide significant leverage. These problems suggest bias and may lead to the suppression of crucial evidence for the prosecution.
- Presenting consent-based context. When the question is not “did it happen?” but rather “was it criminal?”, defense attorneys may introduce evidence of mutual agreement or lack of force. Minnesota’s consent law helps frame these arguments clearly for a jury.
Defending false sexual assault claims is difficult, as you must tailor each defense to the specifics of your case. You need a skilled attorney who can guide you towards the strongest position.
How Else Does a Defense Lawyer Help You?
When you’re falsely accused of sexual assault in MN, your reputation, career, and future are all at risk. The right attorney can protect all of that by:
- Preventing charges by intervening early during the investigation;
- Negotiating for dismissals or reductions, especially in cases built on thin or inconsistent claims;
- Protecting your daily life by challenging restrictive bail or no-contact orders;
- Preparing a courtroom-ready defense, including cross-examining the accuser, calling expert witnesses, and introducing exculpatory evidence; and
- Advising on long-term consequences, including registry risks and civil lawsuit exposure.
Without representation, you’re forced to interpret confusing legal moves and fight back against a system that may already view you as guilty. With the right team, you’re not alone, and your voice won’t be ignored.
The Arechigo & Stokka Difference in Sex Assault Defense
When false accusations of sexual assault turn your world upside down, Arechigo & Stokka is here to fight for you. We understand the profound impact these charges can have on your life, reputation, and future. Our team brings a unique blend of experience, dedication, and a proven track record to every case. Reach out today at (651) 222-6603 to discuss your options and start building your defense. With us, you can expect:
- Award-winning defense. Attorney John Arechigo has repeatedly been honored as Minnesota Attorney of the Year for his exceptional work on even the most intricate criminal cases.
- Shaping the law. We’ve stood before Minnesota’s highest courts, directly influencing how criminal sexual conduct laws are applied throughout the state.
- Personalized attention. We deliberately limit our caseload to ensure every client receives the focused, in-depth attention they deserve. To us, this isn’t just a number; it’s your life.
- Direct communication. You’ll always speak directly with your attorney, not an assistant or intern. We believe in transparency and building trust, because your peace of mind matters.
We’ve achieved dismissals, acquittals, and favorable outcomes in cases others deemed unwinnable.
When your future hangs in the balance, you need a defense team with genuine courtroom strength and real-world results. We’re ready to stand by you, from the first accusation to the final decision.
Frequently Asked Questions
Can I Be Charged Years After the Alleged Incident?
In Minnesota, there is no statute of limitations for first- through fourth-degree criminal sexual conduct charges, allowing prosecutors to bring charges decades later.
Can I Sue for Damages If I’m Falsely Accused?
In some cases, yes. While rare, civil lawsuits for defamation or malicious prosecution may be possible if you suffered reputational or financial harm due to knowingly false allegations.
How Long Do Sexual Assault Cases Usually Take in Minnesota?
It varies. Some cases resolve in a few months through dismissal or plea negotiations, while others may take a year or more if they proceed to trial.
Resources:
- Minnesota Statutes 2024, section 609.347, link.
- Minnesota Office of the Revisor of Statutes. Rights of the accused. Minn. Stat. § 611, link.
- Minnesota Statutes 2024. section 595.08, link.
- Minnesota Attorney General, Attorney General’s Working Group on Sexual Assault, link.
- Minnesota’s Rape Shield Law: A Sword for Prosecutors; A Blow to Defendants’ Constitutional Rights, Mitchell Hamline Law Review: Vol. 46: Iss. 2, Article 1, link.
Loading...