Consent is important any time a person engages in sexual relations with another individual. It requires a clear “yes” every single time, and consent can be fluid, meaning that consent yesterday doesn’t mean consent today, and it can even change during the sexual act. Minnesota defines consent laws to help ensure appropriate consent is received every time someone engages in sexual relations, and we lay out how consent is policed here in Minnesota in today’s blog.
Consent Laws In Minnesota
Under Minnesota law, consent is words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with another. This definition applies to two adults over the age of 18 of sound mind. Here’s a closer look at consent regulations in Minnesota:
- A mentally incapacitated person cannot give consent (someone under the influence of alcohol, drugs, anesthetic, both voluntarily and involuntarily)
- A mentally impaired person cannot give consent.
- A person under the age of 14 cannot give consent.
- A person between the ages of 14 and 16 can only give consent to someone less than 24 months older than them.
- A person between the ages of 16 and 18 may only consent with someone less than 36 months older than them.
Moving forward with sexual contact or sexual relations with an individual without getting legal consent can prove to be a major problem in Minnesota. The individual can be charged with major sex crimes that carry the possibility of jail time, significant fines and required registration as a predatory offender in Minnesota. Know that you need to get consent every single time, and even if the other person is willing to give consent, if they are not legally able to do so given the definition of consent in Minnesota, know that moving forward with a sexual act could be considered sexual assault or rape.
We can help you navigate a criminal charge if there are discrepancies about consent, but we’d much prefer it if you made sure consent was clearly acquired every single time. Don’t assume that silence or other non-verbal cues means you’re good to go. One mistake can cost you so much, so wise up and always get consent.
If you or someone you know if facing criminal charges for a sex-crime or a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
