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Defense Strategies for Sex Crime Cases

One moment, you’re living your life—the next, you’re facing accusations that threaten everything you’ve built. Was it a misunderstanding at a party? A false allegation from a complicated relationship? A dating app meet up? Understanding defense strategies for sex crime cases becomes crucial in moments like these.

Being charged with a sex crime in St. Paul can feel overwhelming, isolating, and terrifying. But it’s important to remember: an accusation isn’t a conviction.

This post will explore some common defense strategies used in sex crime cases. We’ll also discuss working with a skilled defense attorney to build a strong defense. The Criminal Defense Attorney & Workers Compensation Law Offices of Arechigo & Stokka will fiercely advocate for you and work to protect your rights and future.

What Is Considered a Sex Crime in Minnesota?

Minnesota law defines a broad range of offenses as sex crimes, each carrying severe legal and personal consequences.  

  • Criminal sexual conduct (CSC)—divided into five degrees, ranging from non-consensual sexual contact to aggravated sexual assault;
  • Indecent exposure—intentionally exposing oneself in public;
  • Sex trafficking—obtaining, recruiting, enticing, harboring, providing, or receiving a person by any means for prostitution or receiving profit or anything of value, knowing or having reason to know it is derived from such an act; and
  • Solicitation of a minor—engaging or attempting to engage in sexual communication or conduct with a minor.

In certain circumstances, sexual harassment can be charged as a sex crime if it leads to physical assault. The consequences of a sex crime conviction vary based on the severity of the charge and the specific circumstances.

The Stakes: Penalties for Sex Crimes in Minnesota

The penalties for sex crimes in Minnesota are severe and often include:

  • Imprisonment. Sentences can range from several years to life, depending on the severity of the offense.
  • Fines. Fines can reach up to $40,000.
  • Sex offender registration. A conviction often mandates lifelong registration as a sex offender. This registration informs the public of your status and places significant restrictions on where one can live, work, and interact with others.
  • Probation and mandatory counseling. The judge can give you probation in lieu of incarceration for less severe crimes and first-time offenses. However, probation and its associated conditions can be imposed as conditions of release or in addition to other penalties.

The seriousness of these penalties underscores the importance of understanding defense strategies for sex crime charges and securing skilled legal representation.

Common Defense Strategies for Sex Crime Cases in St. Paul

While every case is unique, there are common defense strategies used to challenge sex crime charges.

Consent

In many sex crime cases, consent is the central issue. If both parties engaged in the activity willingly, it may serve as a strong defense. However, proving consent can be challenging and often relies on:

  • Texts, emails, or messages indicating mutual agreement;
  • Statements from individuals who can verify consensual behavior; and
  • Post-incident conduct that suggests the absence of coercion or force.

Consent can be a powerful defense when supported by clear, credible evidence.

False Accusations

Unfortunately, false accusations are a reality, and defending against them requires a meticulous approach. Potential motives behind the accusation, such as jealousy, revenge, or ulterior motives in a custody dispute, must be investigated. Highlighting inconsistencies in the accuser’s statements and presenting character witnesses can also be effective.

Mistaken Identity

In cases where the accuser misidentifies the perpetrator, establishing an alibi or presenting evidence proving you weren’t present at the scene can be pivotal in proving your innocence. Such evidence can include the following:

  • Surveillance footage—videos proving your location at the time of the alleged crime;
  • Digital footprints—GPS data, timestamps, or other electronic evidence supporting your whereabouts; and
  • Witness testimony—statements confirming your alibi.

Demonstrating mistaken identity can directly lead to case dismissal.

Insufficient Evidence

The prosecution must prove your guilt beyond a reasonable doubt. Your attorney can argue for dismissal if the evidence is weak, inconsistent, circumstantial, or lacks credibility. They can 

challenge forensic evidence by questioning the accuracy or handling of DNA tests and other forensic methods. Highlighting inconsistencies in the accuser’s story or insufficient evidence often reduces charges or results in acquittals.

Violation of Constitutional Rights

Certain evidence may be inadmissible if your rights were violated during the investigation. This includes evidence obtained without proper warrants, coerced confessions, or failure to inform you of your Miranda rights, which protect you from self-incrimination during police questioning.

Ensuring that law enforcement respected your constitutional rights when they investigated is vital for a fair trial.

Potential Outcomes of Strong Defenses to Sex Crime Cases

The result of a sex crime case depends on the strength of the defense and the legal strategy employed. When you and your attorney work together to craft an effective defense, the outcome can include:

  • Case dismissal. The charges may be dropped if the evidence is weak or if law enforcement violated procedural rules.
  • Reduced charges. Charges can sometimes be downgraded through plea negotiations to offenses with lighter penalties, less social stigma, and no need to register as a sex offender.
  • Alternative sentencing. Sometimes, probation, counseling, or other rehabilitative measures may replace jail time.
  • Acquittal at trial. If the prosecution fails to prove guilt beyond a reasonable doubt, the jury may return a not guilty verdict.

A skilled defense attorney can analyze the case, challenge the evidence, and fight for the best possible outcome.

Why Your Defense Matters

Sex crime charges are among the most serious in the legal system. The stigma alone can have lasting repercussions, even if you’re acquitted. Here’s why having a seasoned defense attorney from Arechigo & Stokka is essential:

  • In-depth knowledge of Minnesota law. We understand the nuances of sex crime statutes and how to challenge them effectively.
  • Strategic defense planning. We tailor our defense to the specifics of your case, leveraging the best possible strategies.
  • Aggressive advocacy. We don’t just defend—we fight to protect your reputation, freedom, and future.
  • Personalized attention. At our firm, you’re not just another case. We provide direct, compassionate representation throughout every stage of the process.

Having skilled legal counsel can make the difference between conviction and acquittal.

Beyond the Accusation, We Help You Rebuild Your Life

Being charged with a sex crime doesn’t have to define your life. The proper defense can protect your freedom and future. At Arechigo & Stokka, we have 36 years of experience and have defended hundreds of clients. We believe everyone is entitled to a strong defense and are prepared to fight for you.

When the stakes are this high, you need a legal team that fiercely fights for your freedom. Contact us today by calling us at 651-222-6603 or filling out our secure contact form for a free, confidential consultation. Together, we’ll turn this chapter into a story of resilience and justice.

Resources: 

  • Minn. Stat. 609.342, link
  • Minn. Stat. 609.343, link
  • Minn. Stat. 609.344, link
  • Minn. Stat. 609.345, link
  • Minn. Stat. 609.3451, link
  • Minn. Stat. 609.321,  link
  • Minn. Stat. 609.322,  link
  • Minn. Stat. 609.3453, link
  • Minnesota Constitution Sec. 7, link
Author Photo John T. Arechigo, Esq.

Attorney John Arechigo has a passion for criminal defense. John received his J.D. from Hamline University School of Law in 2006 and also carries a Bachelor of Arts from The University of Minnesota. John was named Attorney of the Year in 2015 and 2019 by Minnesota Lawyer. Additionally, John was also named as a Rising Star from 2017–2019 and has been selected to Minnesota Super Lawyers from 2021–2024. He devotes nearly 100% of his practice to defending individuals charged with a crime.

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