A late-night phone call from law enforcement, a knock on the door, or a sudden accusation at work, your world shifts in an instant. You’re standing accused of sexual assault, but there’s no DNA, no medical exam, and no photos. You might be asking yourself: Can prosecutors move forward with a case like this? Yes. State law allows prosecutors to pursue sexual assault without evidence in MN, and the stakes couldn’t be higher.
This post breaks down how these cases work, what kind of evidence prosecutors can rely on, what penalties you face, and why hiring an experienced defense attorney may be the difference between conviction and clearing your name.
What Does “Sexual Assault Without Evidence” Mean in Minnesota?
When people think of evidence, they often picture DNA swabs, forensic reports, or bruises shown in photographs. But in Minnesota, “without evidence” doesn’t mean no evidence; it usually means there’s no physical or forensic proof. A case may still proceed based solely on circumstantial proof or testimony, because the prosecution does not require corroboration of a complainant’s testimony for a conviction.
A jury may convict on testimony alone if they find it credible. This provision is a significant reason people ask whether they can be charged with criminal sexual conduct without physical evidence (CSC), and the answer is yes.
Can a Sexual Assault Case Rely on Testimony Alone?
Minnesota law allows convictions based solely on sexual assault victim testimony only. If deemed believable by a jury, the complainant’s word can meet the standard of proof beyond a reasonable doubt.
This rule often surprises those accused. The defense cannot rely on the absence of physical evidence alone to avoid conviction. Instead, defense strategies often highlight inconsistencies, credibility issues, or motives to fabricate.
Minnesota also limits what defense attorneys can present, such as restricting discussion of a complainant’s sexual history. These limits often cause cases to become credibility battles. In such scenarios, skilled cross-examination and thorough preparation are critical.
What Counts As Circumstantial Proof in Minnesota?
While direct evidence like DNA may be absent, prosecutors frequently use circumstantial proof or evidence. These are facts or testimony from which another fact can reasonably be inferred.
Examples include:
- Text messages or social media posts. These may suggest communication before or after the alleged incident.
- Witness behavior reports. Friends or coworkers who noticed unusual conduct may need to testify.
- Timeline evidence. Prosecutors can use GPS records, receipts, or security footage to place people at the same location.
Even without direct physical proof, these pieces can still build a case. That’s why defending against CSC without evidence requires analyzing every detail of the record.
Penalties Even Without Physical Evidence
Being charged with criminal sexual conduct without physical evidence does not mean the penalties are lighter. Minnesota law treats these cases as seriously as those supported by DNA or forensic reports. Penalties vary by degree:
- First-degree CSC—up to 30 years in prison;
- Second-degree CSC—up to 25 years in prison;
- Third-degree CSC—up to 15 years in prison; and
- Fourth-degree CSC—up to 10 years in prison.
Conviction can also mean mandatory sex offender registration for 10 years to life, restrictions on housing and employment, and lifelong stigma. Unfortunately, the absence of physical evidence doesn’t reduce the consequences.
How Do Lawyers Challenge CSC Without Evidence?
When physical evidence is missing, defense attorneys must be especially strategic. Lawyers often use the following approaches:
- Attacking credibility. Defense attorneys cross-examine inconsistencies in testimony, pointing out contradictions between statements or prior behavior.
- Digital and timeline analysis. Texts, emails, GPS data, or security footage can directly contradict allegations.
- Pointing out investigation errors. Law enforcement may fail to collect or preserve potential evidence, raising doubts about the case’s reliability.
- Raising constitutional violations. It may be possible to suppress evidence obtained through unlawful searches or improper interrogation.
Strong defense advocacy can expose gaps in the prosecution’s story and protect the accused’s rights in testimony-driven cases.
Why You Need Legal Representation
Facing sexual assault without evidence in MN is daunting. A conviction is still possible even without DNA or physical evidence, making hiring a defense attorney crucial. An attorney can expose contradictions in the story, contest circumstantial inferences, and advocate strongly for an acquittal.
Choose Arechigo & Stokka to Protect Your Rights Before It’s Too Late
Not all law firms handle sex charges involving professionals or CSC cases the same way. At Arechigo & Stokka, our clients work directly with their attorneys, not shuffled through layers of staff. John Arechigo, named Minnesota Attorney of the Year multiple times, has argued criminal defense cases before Minnesota’s highest courts. With decades of combined experience, we deliberately take fewer cases to provide thorough, personal representation.
A sexual assault charge, especially one built on testimony alone, can upend your life. You don’t have to face it unprepared. An aggressive defense strategy makes it possible to highlight what police overlooked or mishandled and expose weaknesses in the prosecution’s case.
When your reputation, future, and freedom are at risk, you want a defense team with proven results in high-stakes cases. That’s precisely what Arechigo & Stokka provides. Reach out today at (651) 222-6603 to discuss your options and start building your defense.
Frequently Asked Questions
Can Minnesota Prosecutors Drop Charges If There’s No Physical Evidence?
Yes. However, they are not required to. If the complainant’s testimony appears credible, prosecutors may pursue charges, even without DNA or medical reports.
What Role Do Digital Records Play in These Cases?
Digital records such as texts, emails, or GPS data can be powerful circumstantial evidence. In many cases, these records help build the defense.
Can a Jury Convict Me on Testimony Alone?
Yes. Minnesota law permits a conviction based solely on a complainant’s testimony if it meets the burden of proof. This is why a strong defense strategy is essential.
Are False Accusations Common in Minnesota CSC Cases?
While many make allegations in good faith, false accusations do occur. Defense attorneys often investigate potential motives such as personal disputes, custody battles, or retaliation.
Resources:
- Criminal Sexual Conduct in the First Degree, Minn. Stat. § 609.342 (2024), link.
- Criminal Sexual Conduct in the Second Degree, Minn. Stat. § 609.343 (2024), link.
- Criminal Sexual Conduct in the Third Degree, Minn. Stat. § 609.344 (2024), link.
- Criminal Sexual Conduct in the Fourth Degree, Minn. Stat. § 609.345 (2024), link.
- Aitkin County Sheriff’s Office, Sexual Assault Investigations Policy, link.
- St. Cloud Police Department, Investigation of Criminal Sexual Conduct (November 2024), link.
- Minnesota Judicial Branch, Glossary of Court-Related Terms, link.
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