Being accused of a sex crime in Minnesota is one of the most life-changing experiences a person can face, especially when you know the encounter was consensual.
Sex crime cases are complex and often depend on conflicting stories, and prosecutors take them seriously. Understanding how Minnesota handles consent and evidence and taking the right steps early can make a big difference.
A sex crime defense lawyer can guide you, help you avoid mistakes, and protect your rights.
Defining consent in sex crime cases as per Minnesota law
The law requires that consent be freely given, informed, and not the result of fear or incapacitation. In simple terms, both people must clearly agree. If someone later says they didn’t consent or couldn’t consent due to alcohol, drugs, intimidation, or age, prosecutors may treat it as a crime even if you believed it was voluntary.
For example, two adults drinking together can still lead to charges if their stories about consent differ.
Situational Causes
Consent-related cases often come from complicated, emotional situations, regret, pressure from others, unclear memories, or relationship conflict. Stories may change over time, but that doesn’t mean the accusation is true. It simply means the situation is messy and easily misunderstood. Having a knowledgeable lawyer involved early is crucial.
What happens when you say the encounter was consensual
Here is what usually happens in Minnesota when there are two conflicting stories:
- Police Interviews: Officers gather statements, details, and timelines from both people.
- Evidence Review: Prosecutors examine texts, witnesses, body-cam footage, and digital records to decide on charges.
- Statements Only: The state can file charges even without physical evidence.
- Your Statement: Anything you tell police can be used against you.
- Consent Investigation: Your lawyer reviews communication, behavior, and context to show consent.
- Credibility Focus: Cases often hinge on credibility and inconsistencies, which your lawyer analyzes to strengthen your defense.
You do not have to face this by yourself. A lawyer can step in right away to protect you before you say anything that could affect your case.
Steps: What usually happens after an accusation
Step 1: Police investigation
Officers gather statements, text messages, call logs, social media activity, and sometimes digital evidence.
Step 2: Prosecutors review the case
They decide whether the evidence supports a charge. They do not need physical evidence to move forward.
Step 3: You may be arrested or receive a summons
Your first hearing will outline the charges and conditions.
Step 4: Your lawyer receives evidence
This includes all reports, statements, and digital materials.
Step 5: Your lawyer builds your defense
They review inconsistencies, timelines, digital evidence, and behavior patterns.
Step 6: Negotiation or trial
The state must prove beyond a reasonable doubt that the alleged victim did not or could not consent. Your lawyer challenges their evidence and story.
Legal system and consent in Minnesota
Consent cases are some of the most difficult in Minnesota because:
- There are often no witnesses
- Evidence can be limited
- The situation may come down to two different perspectives
- Alcohol or drugs may complicate memories
- Communication can be misinterpreted
The court focuses on whether the state can prove that the alleged victim did not or could not consent. Your lawyer’s role is to show that the interaction was voluntary, mutual, and supported by the evidence.
Common mistakes to avoid
Many people unintentionally hurt their own case because they are scared or confused. Avoid the following:
- Talking to the police without a lawyer
- Trying to “clear things up” with the other person
- Apologizing, even casually
- Deleting texts, social media, or phone data
- Posting anything online about the situation
- Assuming the case will disappear if you stay quiet
- Taking a quick plea deal without understanding the consequences
These actions can damage your defense or make the case more complicated.
How Martine Law defends you in consent-based accusations
At Martine Law, we understand how traumatic these cases feel. When the situation comes down to your word versus someone else’s, you deserve a defense team that knows how to break down timelines, examine digital evidence, and challenge inconsistent statements.
Our team helps by:
- Reviewing communication before and after the encounter
- Investigating motive, inconsistencies, or outside influences
- Challenging statements that do not match the evidence
- Hiring experts when needed
- Protecting you during police interviews
- Preparing for negotiation or trial
- Offering honest, clear, and steady guidance
With more than 20 years of combined experience, our Minnesota sex crime defense lawyers understand consent-based cases and how prosecutors approach them. You also have access to our trained staff 24-hours a day so your questions never have to wait.
Talk to a sex crime defense lawyer today
If you are accused of a sex crime but know the encounter was consensual, you must act quickly to protect yourself. Your future, your reputation, and your freedom are too important to risk. Reach out today for a confidential conversation.
Tel: +1(612)979-1305


