Understanding the Bona Fide Medical Purpose Defense Under Minnesota Statute § 609.348
Your entire life has been dedicated to healing. You’ve spent years in training and practice, earning the trust of your patients and your community. Now, that trust has been shattered by an accusation that twists your professional duty into a criminal act. You have been charged with Criminal Sexual Conduct. The clinical touch that was intended to diagnose, treat, or comfort has been re-characterized as a violation. Your career, your license, your reputation, and your freedom are now on the line because of an allegation that stems from a misunderstanding, a misinterpretation, or an outright falsehood about a medical procedure.
You are scared, angry, and feel completely isolated. The legal system you’ve been thrust into doesn’t understand the nuances of your profession. The prosecutor sees a complaint and a statute; they don’t see the context of the examination room, the therapeutic setting, or the accepted standards of medical care. But you are not defenseless. Minnesota law contains a powerful shield specifically for professionals like you.
I am a Minnesota criminal defense attorney who has represented medical professionals facing these career-ending allegations. I understand what is at stake when your professional conduct is questioned in a criminal court. From Minneapolis and Rochester, where world-renowned medical communities reside, to practices in St. Paul, Duluth, and St. Cloud, I have defended clients whose lives and livelihoods were threatened by these exact situations. You do not have to face this alone. We will fight to prove that your actions were not criminal, but were performed for a bona fide medical purpose.
What It Means When a Medical Procedure Becomes a Criminal Charge
In Minnesota, when a patient accuses a healthcare provider of Criminal Sexual Conduct, the case enters a unique and complex legal territory. The core of the accusation is that a form of touching, or “sexual contact” or “sexual penetration” as defined by law, occurred without consent. However, in a medical setting, many procedures require physical contact with sensitive areas of the body—contact that a patient explicitly or implicitly consents to for the purpose of receiving care. A facing a CSC accusation in this context means the prosecutor is arguing that the contact you had with a patient fell outside the scope of that consent and was for a sexual purpose, not a medical one.
This is where Minnesota Statute § 609.348 becomes the most important law for your defense. It creates a specific legal exclusion for healthcare providers. In plain terms, it says that the laws defining Criminal Sexual Conduct do not apply to contact that is performed for a “bona fide medical purpose.” This statute is a recognition that doctors, nurses, chiropractors, physical therapists, and massage therapists must often touch patients in ways that would be inappropriate in any other context. Your entire defense will likely hinge on proving that your actions fall squarely under this vital protection.
Minnesota Law on the Medical Purposes Exclusion — Straight from the Statute
The legal shield that protects medical professionals from wrongful CSC charges is found in Minnesota Statute § 609.348. This law is brief but incredibly powerful. It draws a bright line between criminal conduct and legitimate medical care. It is the law that I will use to build your defense and protect your career.
Here is the exact language of the statute:
609.348 MEDICAL PURPOSES; EXCLUSION.
Sections 609.342 to 609.3451; 609.3453; and Minnesota Statutes 2004, section 609.109, do not apply to sexual penetration or sexual contact when done for a bona fide medical purpose.
Breaking Down the “Bona Fide Medical Purpose” Defense
Because § 609.348 provides a defense and not a crime, there are no “legal elements” for the state to prove against you. Instead, when we raise this defense, we have the responsibility to present evidence to the court that your actions meet the statute’s definition. We must demonstrate that your conduct fits squarely within this medical exclusion. This involves breaking down the two critical components of the phrase “bona fide medical purpose.”
- Bona Fide: This Latin term translates to “in good faith.” In the legal context, it means your actions were genuine, sincere, and without any intent to deceive, defraud, or take advantage of the patient. The core of this element is your state of mind. We must prove that you honestly believed the contact was a necessary part of the medical care you were providing. The prosecution will try to argue you had a hidden sexual motive, and our job is to demolish that claim by establishing your professionalism and good faith.
- Medical Purpose: This element is more objective and focuses on the nature of your actions. We must demonstrate that the physical contact was consistent with a legitimate medical, diagnostic, or therapeutic goal. This is not based on your opinion alone. We establish medical purpose by showing that the procedure conforms to the accepted standards of care within your specific field, whether you are a physician in a Minneapolis hospital, a chiropractor in a Plymouth suburb, or a massage therapist in Duluth.
- The Burden of Proof: The “bona fide medical purpose” is what’s known as an affirmative defense. This means we, the defense, have the burden of raising the issue and producing evidence to support it. Once we have provided sufficient evidence that the conduct was for a medical purpose, the burden shifts back to the prosecutor to prove, beyond a reasonable doubt, that your actions were not for a bona fide medical purpose.
The Stakes: Penalties for a CSC Conviction If Your Medical Defense Fails
It is impossible to overstate the catastrophic consequences if we are unable to convince a jury that your actions were for a bona fide medical purpose and you are convicted of the underlying Criminal Sexual Conduct charge. This isn’t just a slap on the wrist; it is the end of your life as you know it. The penalties are twofold: the severe criminal sentences and the complete destruction of your professional life.
Criminal Penalties
A conviction for Criminal Sexual Conduct is a serious felony that carries devastating penalties under Minnesota law.
- Prison: Depending on the degree of CSC you are charged with, you could face decades in prison.
- Fines: The fines can be substantial, often running into the tens of thousands of dollars.
- Lifetime Sex Offender Registration: This is a mandatory consequence for most felony CSC convictions. You will be placed on a public registry, branding you for life and controlling where you can live and work.
Professional Annihilation
For a medical professional, the consequences extend far beyond the criminal court.
- Loss of Medical License: The relevant state licensing board (e.g., the Minnesota Board of Medical Practice, the Board of Nursing) will almost certainly revoke your license to practice permanently. Your career will be over.
- Reporting to National Databases: A conviction will be reported to national practitioner databases, ensuring you cannot simply move to another state and start over.
What This Accusation Looks Like in Real Life — Common Scenarios
An accusation of CSC against a medical professional can arise from a wide range of legitimate procedures that are misinterpreted or maliciously twisted by a patient. These scenarios can happen in any practice, from a large hospital in the Twin Cities to a small clinic in a quieter part of the state.
The Chiropractor in Maple Grove
You are a chiropractor in Maple Grove performing a standard sacroiliac joint adjustment on a patient complaining of lower back pain. The procedure requires you to apply pressure near the patient’s glutes and upper thigh. The patient, perhaps unfamiliar with the technique or influenced by something they read online, later tells police you touched them inappropriately. The prosecutor, unfamiliar with chiropractic standards of care, charges you with CSC. Your defense rests entirely on proving this was a bona fide medical treatment.
The Gynecologist in Rochester
As an OB/GYN in Rochester, you conduct a routine pelvic exam. The procedure is, by its very nature, intimate. The patient, who may have a history of trauma or anxiety, perceives the exam as a violation and reports you to the police. Despite your years of unblemished service and adherence to protocol (such as having a female nurse present as a chaperone), you are now forced to defend the very core of your medical specialty in a criminal court.
The Physical Therapist in St. Paul
You are a physical therapist in St. Paul working with a patient who has a hip injury. The treatment plan involves manual therapy and stretching, which requires you to manipulate their leg and hip in the groin area. The patient feels uncomfortable and, after the session, becomes convinced your touch was sexual. They file a police report, and now your hands-on, therapeutic techniques are being presented to a jury as criminal sexual contact.
The Massage Therapist in Duluth
As a licensed massage therapist in Duluth, a client comes to you for help with piriformis syndrome, a condition that often requires deep tissue work on the gluteal muscles. You explain the procedure, and the client agrees. During the massage, they seem fine, but later, they claim you crossed a boundary. Now, a therapeutic massage, documented in your client notes, has become the basis for a devastating criminal charge.
How We Prove Your Conduct Had a Bona Fide Medical Purpose
When your career and freedom are on the line, simply stating that your actions were medical is not enough. We must build a powerful, evidence-based case that leaves no room for doubt. As your attorney, I will work tirelessly to gather the proof needed to mount an impenetrable “bona fide medical purpose” defense under § 609.348. This is a proactive, meticulous process that begins the moment you hire me.
Our strategy is to build a fortress of medical and legal evidence around you. We will educate the prosecutor, the judge, and ultimately the jury on the standards of your profession and demonstrate how your actions fell squarely within them. We will transform the narrative from the prosecution’s tale of a criminal violation to the true story of a dedicated professional performing their job correctly.
Meticulous Review of Medical Records and Charting
Your clinical notes are often the first line of defense. Thorough, professional charting that documents the patient’s complaint, the diagnosis, the treatment plan, the discussion with the patient, and the exact procedure performed can be incredibly powerful evidence of a medical purpose.
- Establishing Context: We will use your records to show the medical necessity for the procedure. The patient’s own reported symptoms, recorded in your notes before the alleged incident, can justify the very contact that is now being questioned.
- Demonstrating Professionalism: Clear, detailed, and contemporaneous notes are a hallmark of a diligent professional. We can contrast your meticulous record-keeping with the accuser’s potentially changing story to bolster your credibility and undermine theirs.
The Critical Role of Medical Counter-Experts
In a case like this, we will almost certainly need to retain our own medical experts. These are respected professionals in your specific field who can review your actions and testify that they conformed to the accepted standards of care.
- Educating the Jury: An expert can explain to a jury of laypeople, in clear and simple terms, why a certain type of touch is necessary for a particular diagnosis or treatment. They can provide the crucial context that the prosecution will intentionally ignore.
- Validating Your Conduct: Having another esteemed professional from your field testify that they would have done the same thing under similar circumstances is a powerful way to prove that your purpose was medical, not sexual.
Demonstrating Accepted Standards of Care
We will gather evidence from medical textbooks, professional journals, and protocols from medical associations to demonstrate that the procedure you performed is standard practice within your profession. This objective evidence helps move the case away from a simple “he said, she said” scenario.
- Objective Proof: This evidence shows that your actions were not some unusual or rogue procedure but were grounded in established medical science and practice.
- Use of Chaperones: If you followed a protocol of having a chaperone present, such as a nurse, during an intimate exam, the chaperone’s testimony can be irrefutable proof of your professionalism and a powerful defense against a false allegation.
Challenging the Patient’s Credibility and Motive
While we build up the evidence of your professionalism, we must also carefully and ethically investigate the accuser. People make false allegations for many reasons, and exposing a motive to lie can be key to your acquittal.
- Motive to Fabricate: Was the patient seeking money? Were they angry about a bill or a perceived poor treatment outcome? Did they have a prior history of making similar false claims? We will conduct a thorough investigation to uncover any information that could explain a false report.
- Inconsistent Statements: We will obtain every statement the accuser has made—to police, to friends, in depositions—and scrutinize them for inconsistencies. A story that changes over time is often a story that is not true.
Minnesota Medical Professional CSC FAQs — What You Need to Know Now
What should I do if a patient accuses me of sexual misconduct?
Immediately stop all contact with the patient and do not alter any medical records. Contact a criminal defense attorney with experience in this area before you speak to anyone else, especially the police, your employer, or the licensing board.
Should I talk to the police or an investigator from my licensing board?
No. Not without your attorney. They are not there to help you; they are there to investigate the complaint. Your words can easily be twisted and used against you. Your lawyer should handle all communications on your behalf.
What does “bona fide medical purpose” actually mean in court?
It means you must show that the contact was performed in “good faith” (bona fide) and was for a legitimate diagnostic or therapeutic reason (medical purpose) consistent with the standards of care in your profession.
What if the patient says they didn’t consent to that specific touch?
This is a common claim. Your defense will focus on showing that the patient consented to the overall procedure, and the specific touch was a necessary and accepted part of that procedure. Your charting and expert testimony will be key here.
Does my malpractice insurance cover the legal fees for a criminal case?
Typically, no. Medical malpractice insurance is designed for civil negligence lawsuits, not criminal charges. You will almost certainly need to retain a private criminal defense attorney.
Will I lose my medical license if I am charged?
A charge alone might trigger an investigation by your licensing board, which could lead to a temporary suspension. A conviction for CSC will almost certainly lead to the permanent revocation of your license to practice in Minnesota and elsewhere.
What evidence proves a “medical purpose”?
Key evidence includes your detailed medical records and patient charts, testimony from medical experts in your field, protocols from professional organizations, medical literature, and, if applicable, testimony from a chaperone who was present.
Can the prosecutor use my own medical records against me?
Yes, and they will try. They will look for any ambiguity or lack of detail in your charting to suggest you were hiding something. This is why clear, contemporaneous notes are so important, and why having an attorney review them is critical.
What if my patient has a history of making false accusations?
This can be powerful evidence, but under Minnesota’s Rape Shield Law, it can be difficult to admit. Your attorney would need to file a pre-trial motion and convince a judge that the prior allegations were provably fabricated and show a “common scheme or plan.”
Can a chaperone protect me from these accusations?
Having a chaperone present is a very strong defense practice, but it is not foolproof. A patient can still claim that inappropriate touching occurred when the chaperone was momentarily distracted. However, the chaperone’s testimony in your defense is incredibly valuable.
I practice alternative medicine (e.g., acupuncture, naturopathy). Does the medical purpose defense still apply?
Yes. If you are a licensed healthcare provider in Minnesota, the “bona fide medical purpose” exclusion can apply. The key will be demonstrating that your actions conform to the accepted standards of care within your specific licensed field.
What if the patient simply misunderstood my intentions?
This is often the heart of the matter. Unfortunately, the criminal justice system is not built to easily handle misunderstandings. We must proactively build the evidence to show that your intent was purely medical, as your intent is a key component of the “bona fide” element.
What is the difference between a criminal case and a licensing board action?
A criminal case, brought by a prosecutor, can result in jail/prison time, fines, and sex offender registration. A licensing board action is administrative and determines your ability to practice your profession. You can be acquitted in criminal court and still face sanctions from your board, making it vital to have a lawyer who can handle both.
How can I prove my “good faith”?
Good faith is proven through circumstantial evidence: a long, unblemished career; professional conduct during the exam (e.g., explaining the procedure, using a chaperone); meticulous charting; and evidence that the procedure was medically necessary and standard practice.
Is it better to have a medical malpractice lawyer or a criminal defense lawyer?
You need a criminal defense lawyer. While the subject matter is medical, you are in the criminal justice system. Ideally, you want a criminal defense attorney who has experience representing medical professionals and understands the unique issues at play, including how the criminal case will impact your professional license.
The Life-Altering Consequences of a CSC Conviction for a Medical Professional
For a doctor, nurse, or therapist, a conviction for Criminal Sexual Conduct is not just a felony—it is a personal and professional death sentence. The consequences are absolute and irreversible.
Immediate and Permanent Loss of Your Medical License
Upon conviction, the Minnesota Board of Medical Practice or other relevant licensing board will move to permanently revoke your license. There will be no path back. The career you spent a lifetime building will be over. This action is separate from the criminal penalties and is a near certainty.
Destruction of Your Professional Reputation and Practice
The news of a charge, let alone a conviction, will destroy your reputation. Your practice or employment will be terminated. The public nature of a CSC conviction and sex offender registration means that your name will be forever associated with the crime, making any future employment in a position of trust impossible.
Mandatory Lifetime Sex Offender Registration
A felony CSC conviction will place you on the predatory offender registry, likely for life. This public listing will control where you can live, follow you everywhere, and subject you and your family to public scrutiny and ostracism. It is a modern-day scarlet letter from which there is no escape.
The Standard Criminal Penalties: A Future Lost
Beyond the professional ruin lies the stark reality of the criminal justice system. You face the prospect of spending years or even decades in a Minnesota state prison. You will lose your right to own a firearm, and the felony on your record will create a lifetime of obstacles, compounding the professional consequences you already face.
Why You, as a Medical Professional, Need a Tough, Experienced Minnesota Defense Attorney
When you are a medical professional accused of CSC, the stakes are uniquely high. You are not just fighting for your freedom; you are fighting for your identity, your career, and your entire life’s work. You need more than just a standard criminal defense lawyer. You need an advocate who understands the intersection of medicine and law and who knows how to mount the specialized “bona fide medical purpose” defense.
A Defense That Understands Your World
I understand that medical practice involves nuance and context that prosecutors and juries simply do not. My role is to bridge that gap—to translate the standards of your profession into a compelling legal defense. I know how to read medical charts, what questions to ask medical experts, and how to explain complex procedures in a way that demystifies your actions and reveals their true medical purpose.
Experience with High-Stakes, Reputation-Based Cases
An accusation against a medical professional is an attack on their character and integrity. I am experienced in handling these high-profile, reputation-based cases. I know how to manage the media, interact with licensing boards, and build a defense that not only aims for a “not guilty” verdict in court but also works to protect your name and standing in the community.
Access to a Network of Respected Medical Experts
Successfully defending against these charges often requires a team. I have access to a network of credible, respected medical experts from various fields across Minnesota and the nation. We will find the right expert who can review your case and provide powerful, persuasive testimony to the court that your conduct was in line with the accepted standards of medical care.
A Proactive Strategy to Protect Your License and Your Liberty
My representation extends beyond the criminal courtroom. I understand that the licensing board investigation is a parallel battle that must be fought. I will develop a comprehensive strategy to address both the criminal charges and the threat to your professional license. From the moment you are accused, I will be working to build the “bona fide medical purpose” defense to protect you on all fronts, fighting for a dismissal, an acquittal, and the preservation of the career you worked so hard to build.