Rape/Sexual Assault in Minnesota

-Total State Population- 5,344,861

-Rape Incidents Reported- 1,664

Minnesota Statute of Limitations:

For the following offenses, if victim was under 18 at the time of commission of the offense, within the later of nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities:

·      Criminal sexual conduct in the first degree (§ 609.342)

·      Criminal sexual conduct in the second degree (§ 609.343)

·      Criminal sexual conduct in the third degree (§ 609.344)

·      Criminal sexual conduct in the fourth degree (§ 609.345)

For all other violations, within three years after commission of the offense

Minnesota Rape Law

Sexual acts with someone under 16 years of age are illegal, with the following exceptions:

·      If the victim is less than 13 years of age and the defendant is no more than 3 years older than the victim

·      If the victim is at least 13 years of age and the defendant is no more than 2 years older than the victim

Offense	Definition
4th degree criminal sexual conduct	-Engaging in sexual contact with someone less than 13 years of age where the defendant is no more than 3 years older than the victim. -Engaging in sexual contact with someone at least 13 years of age and less than 16 years of age where the defendant is more than 4 years older than the victim.
3rd degree criminal sexual conduct	-Engaging in sexual penetration with someone less than 13 years of age where the defendant is no more than 3 years older than the victim. -Engaging in sexual penetration with someone at least 13 years of age less and than 16 years of age where the defendant is more than 2 years older than the victim.
2nd degree criminal sexual conduct	Engaging in sexual contact with someone less than 13 years of age where the defendant is more than 3 years older than the victim.
1st degree criminal sexual conduct	Engaging in sexual penetration with someone less than 13 years of age where the defendant is more than 3 years older than the victim.

First-degree offenders may serve up to 30 years in prison.

Second-degree offenders may serve up to 15 years in prison.

Minnesota Rape in the News

After some afternoon drinking, on Nov. 17, 2011, a 14-year-old girl was driven to an abandoned house and raped by members of the True Blood 22 gang. 9 Asian men were involved and one of the defendants told police at least two men raped the girl, according to the complaint. It was not until the lookout yelled “Cops!” that she was able to escape when all the members ran. According to certain members of this gang, their intent all along was to get the 14-year-old drunk then rape her.  24-year-old Mang Yang is charged along with four other men, ages 18 to 37. Four male minors, ages 15 to 17, also are charged. They each face four counts: aiding and abetting first-degree sexual conduct, conspiracy to commit first-degree sexual conduct, kidnapping someone under age 16, and committing a crime for the benefit of a gang. All nine defendants are suspected gang members or associates. Yang and three of the other adults charged made their initial court appearances Friday and were appointed public defenders. The victim is receiving care.

http://minnesota.cbslocal.com/2012/03/23/9-charged-in-rape-of-14-year-old-girl-in-st-paul/

Rape in the Media

Monster is a 2003 film based on the life of Aileen Wuornos, a Daytona Beach prostitute who became a serial killer. It is based on facts and shows that it doesn't matter what profession you are in or what you were doing up until the actual act, but shows the rawness of the actual act. It also shows what happens to a rape victim. Do not confuse the event portrayed in the movie as every rape victim's response, but you can be assured that murder does cross a victim's mind.

"Date Rape" is a song by the band Sublime. Humorous in tone, the song ends with the victimizer being sent to prison and being humiliatingly anally raped by a larger inmate. This song is meant to be funny and therefore isn’t a serious depiction of the actual offense.

Hate Crimes in Minnesota

Statistics:

Population Covered: 3,992,533

Incidents reported: 148

Minnesota Hate Crimes Statutory Provisions covers:

·      Bias-Motivated Violence and Intimidation      

·      Civil Action          

o   Race, Religion, Ethnicity

o   Sexual Orientation

o   Gender

o   Disability

o   Other

·      Institutional Vandalism 

·      Data Collection

·      Training for Law Enforcement Personnel

Law Against Hate Crimes:

Minn. Stat. § 609.2231 (2009)—Provides penalties for anyone who assaults another because of the victim’s or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin,

Minn.Stat.§609.749(2009)—Provides aggravated violations for a person who commits any harassment and stalking crimes because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin.

Those who intentionally cause damage described because of the property owner’s race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin is guilty of a felony are to be punished. Also, a peace officer must report to the head of the officer’s department every violation of a hate crime. he Board of Peace Officer Standards and Training must prepare a training course to assist peace officers in identifying and responding to crimes motivated by the victim’s race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation.

Hate Crime News:

Two men were arrested after Max Pelofske was attacked and beaten by a group of men at a social gathering at an abandoned gravel pit. Pelofske recalls that after being at the party for 5 minutes, he was approached by a male stranger who told him to look him in the eyes and asked “Are you gay?”. Pelofske answered “Yes” and was then struck in the head by a flying beer can, and a crowd of young men surrounded him, threw him to the ground and began punching and kicking him. Pelofke’s friend, Kelly Johnson, witnessed this crime first hand and thought Pelofske would be killed. He was able to escape, although severely injured, and police responded to the scene an hour later. However, a bystander at the party, Megan Bird, recalls that Pelofske instigated the fight by stealing drinks from others. Peofske and Johnson both asked the police to administer blood alcohol tests to prove that they had no been drinking. Pelofske’s ribs were bruised, his back and legs were covered with footmarks and his face was swollen. News spread quickly over social networks of this hate crimes, however, officials have yet to confirm this allegation. The 19 year old in custody is being held on pending charges of assault in the fourth degree, which is a crime of bias, and possession of marijuana. The 18-year-old's pending charges are unknown.

http://www.twincities.com/localnews/ci_20727464/northern-minnesota-gay-man-alleges-hate-crime-assault

Hate Crimes in the Media:

Boy’s Don’t Crime is a film, which tells the story of the life of Brandon Teena, a transgendered teen who preferred life in a male identity until it was discovered he was born biologically female.

“Boom Bye Bye” is a song by Buju Banton, a reggae singer whose music promotes the violent murder of lesbian, gay, bisexual and transgender  people.

http://www.youtube.com/watch?v=aIUZlzd37sI