A Minnesota Lawyer Explains the Investigation Process Under § 609.3459 and Why You Must Act Now
A phone call from a detective. A knock on your door. A rumor that turns your blood to ice. However you found out, your world has been turned upside down. You have been accused of sexual assault, and now, the entire weight of the Minnesota criminal justice system is beginning to shift its focus directly onto you. You didn’t plan to end up here, frantically searching for answers while your reputation, your freedom, and your future hang in the balance. The accusation itself feels like a conviction, and you are terrified of what comes next. The police want to “hear your side of the story,” but you know anything you say can and will be used against you.
You need to understand that the moment an allegation was made, a formal process was set in motion—a process dictated by Minnesota law. This process is designed to build a case against a suspect, and right now, that suspect is you. You do not have to face this investigation alone, and you should not speak to anyone about it without legal counsel. The decisions you make in the next few hours and days are the most critical you will ever make.
I am a Minnesota criminal defense attorney who has guided people through the terrifying ordeal of a sexual assault investigation. I have stood between my clients and aggressive investigators in Minneapolis, St. Paul, Rochester, Duluth, and across the entire state. From Hennepin and Ramsey counties to the suburbs of Bloomington, Plymouth, and Maple Grove, I understand the playbook law enforcement uses and how to build a powerful defense before charges are even filed. Your fight for your future starts now.
How a Sexual Assault Investigation Begins in Minnesota
When you are accused of a sex crime in Minnesota, you are not just up against the person making the claim; you are up against a formal, statewide system. That system is governed by specific rules that empower law enforcement to act swiftly. A Minnesota sexual assault investigation doesn’t begin when the police contact you; it begins the moment an accuser contacts them. The statute that kicks this entire process into gear is § 609.3459, which dictates exactly how police must respond to a report. This law ensures that an allegation, no matter where it is made, receives immediate attention.
This means that an accuser can walk into any police station in the state—from St. Cloud to Eagan—and make a report, even if the alleged incident happened in another city. The police are legally required to take the report seriously, prepare a summary, and either launch their own investigation or immediately refer the matter to the law enforcement agency in the jurisdiction where the incident allegedly occurred. Facing a sexual assault accusation in Minnesota means understanding that a well-oiled machine is already working to gather evidence against you, often long before you are aware an investigation even exists.
Minnesota Law on Reporting Sexual Assaults — Straight from the Statute
The legal framework that governs the start of every sexual assault investigation in the state is laid out in Minnesota Statute § 609.3459. This law was written to ensure that accusers are heard and that police agencies act. It is the playbook police must follow when they receive a report. As the person being accused, it is critical that you see the exact language that sets the forces against you in motion.
Here is the precise text of the law:
609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law enforcement investigation by contacting any law enforcement agency, regardless of where the crime may have occurred. The agency must prepare a summary of the allegation and provide the person with a copy of it. The agency must begin an investigation of the facts, or, if the suspected crime was committed in a different jurisdiction, refer the matter along with the summary to the law enforcement agency where the suspected crime was committed for an investigation of the facts. If the agency learns that both the victim and the accused are members of the Minnesota National Guard, the agency receiving the report must refer the matter along with the summary to the Bureau of Criminal Apprehension for investigation pursuant to section 299C.80.
(b) If a law enforcement agency refers the matter to the law enforcement agency where the crime was committed, it need not include the allegation as a crime committed in its jurisdiction for purposes of information that the agency is required to provide to the commissioner of public safety pursuant to section 299C.06, but must confirm that the other law enforcement agency has received the referral.
Breaking Down the Investigation Process
This statute does not define a crime, but it does define the critical first steps of the state’s case against you. Understanding this process is key to building an effective defense from the very beginning. The law mandates a clear sequence of events that you must be prepared for.
- The Report: The process begins the moment a person contacts any law enforcement agency in Minnesota. This can be a local police department, a county sheriff’s office, or even campus police. The statute gives the accuser the power to start the investigation from any location, which means the process is designed for maximum ease for the accuser and immediate action from law enforcement. You, the accused, have no say at this stage.
- The Agency’s Duty: The police are not allowed to dismiss the complaint or tell the person to go elsewhere. They have a mandatory duty to act. They must officially document the allegation in a written summary and begin an investigation of the facts. This is not a passive process; it is an active, formal investigation designed to uncover evidence that can be used to charge and convict a suspect.
- The Referral: If the report is made in a city or county other than where the alleged incident took place, the agency taking the report has another duty: they must refer the entire matter to the correct jurisdiction. They are also required to confirm that the receiving agency has gotten the referral. This ensures that no report falls through the cracks and that the investigation will proceed, no matter what.
- The Investigation: Once the correct agency has the report, a formal investigation begins. This involves interviewing the accuser, identifying and interviewing potential witnesses, collecting physical evidence (like clothing or bedding), and seeking electronic evidence (like text messages, photos, and social media data). The final and most critical piece of their investigation is cornering you for an interrogation.
The Stakes: Potential Penalties If an Investigation Leads to Charges
An investigation is not a game. It is the precursor to a formal criminal charge that can destroy your life. If the police and prosecutor believe they have enough evidence, you will be charged with Criminal Sexual Conduct (CSC), one of the most serious offenses in Minnesota law. The penalties are severe and life-altering. The specific charge you face will depend on the allegations, but the consequences are devastating at every level.
Felony Criminal Sexual Conduct
Nearly all CSC charges are felonies. A conviction will change your life forever. The penalties vary by the “degree” of the charge, from First-Degree (the most severe) to Fifth-Degree.
- Prison Time: A conviction for felony CSC almost always carries the risk of a significant prison sentence. For First-Degree CSC, the maximum sentence is 30 years. Even lower-degree felonies can result in years of incarceration.
- Fines: Substantial fines, often up to $40,000 for the most serious offenses, can be imposed in addition to prison time.
- Sex Offender Registration: A felony CSC conviction results in mandatory registration as a predatory offender. This is often a lifetime requirement, controlling where you can live, work, and go, and branding you with a public label that follows you forever.
What a Police Investigation Looks Like in Real Life — Common Scenarios
The procedures outlined in § 609.3459 create a seamless process for the state. Here is how these investigations often play out for the person being accused in Minnesota.
The College Party in Minneapolis
An allegation stems from a party near the University of Minnesota campus in Minneapolis. The accuser, however, is a student at a college in St. Paul and makes the report to the St. Paul Police Department. Under the law, St. Paul PD must take the report and then formally refer the entire case file to the Minneapolis Police Department for the investigation, because Minneapolis is where the alleged incident occurred. You may not hear anything for weeks, only to be contacted by an MPD detective long after the investigation is underway.
The Duluth Bar Encounter
A person you met at a bar in Duluth accuses you of sexual assault. They live in Rochester and, upon returning home, they make a report to the Rochester Police Department. The RPD takes a detailed statement and, as required by law, forwards the case to the Duluth Police Department. The Duluth PD now has a full report and begins its investigation by pulling surveillance video from the bar and identifying witnesses before you even know you have been accused.
The Breakup in a Maple Grove Suburb
You go through a contentious breakup with a partner in Maple Grove. Weeks later, seeking leverage or revenge, your ex-partner goes to the Plymouth Police Department and makes a sexual assault allegation. Because the incident allegedly happened in Maple Grove, the Plymouth police must take down the information and immediately refer the investigation to the Maple Grove PD. You are now the target of a full-blown investigation based on an allegation rooted in a personal dispute.
The Misunderstood Situation in St. Cloud
After a date in St. Cloud, the other person feels regret or is embarrassed. They tell their friends a version of the story that paints you as an aggressor. Their friends convince them to talk to the police. The St. Cloud police take the report, and the investigation begins. They will collect your text message history and interview the accuser’s friends, building a one-sided narrative before ever approaching you for a statement.
How to Protect Yourself During a Sexual Assault Investigation
The period between the accusation and the filing of formal charges is the most critical time in your defense. The actions you take—and do not take—can determine the outcome of your case. Your silence is your shield. Your lawyer is your sword. You must use both to protect yourself. An investigation is not a search for the truth; it is a search for evidence to convict you.
As your attorney, my first priority is to intervene immediately and stop you from making any mistakes that could irrevocably harm your case. The police are trained to elicit incriminating statements. They will use tactics of minimization, suggesting that if you just cooperate, things will be easier. This is a lie. Cooperating with an investigation without legal counsel is the single most damaging mistake you can make. We will build a firewall between you and the investigators and begin crafting a defense strategy from day one.
Immediately Invoke Your Right to Silence
This is your most important constitutional right. The moment a detective contacts you, your only words should be: “I am exercising my right to remain silent, and I will not answer any questions without my lawyer present.” Do not try to explain. Do not try to be helpful. Do not deny the allegation. Say nothing. Anything you say can be twisted, taken out of context, and used against you.
- No “Clearing Your Name”: You will not talk your way out of the investigation. Police are not looking for reasons to believe you; they are looking for inconsistencies in your story, admissions (however minor), and any information that corroborates the accuser’s narrative.
- Silence is Not Guilt: Despite what police may imply, invoking your rights is not an admission of guilt. It is an intelligent and constitutionally protected action. It is the only way to prevent the state from using your own words as the primary evidence against you.
Preserve All Potential Evidence
The state is already building its case. You need to start building yours. Preserve any evidence that could be relevant to your defense. This is a task that must be guided by your attorney to ensure it is done correctly and legally.
- Electronic Communications: Do not delete anything. Save all text messages, emails, direct messages, and social media history between you and the accuser. These records can provide crucial context, establish a consensual relationship, or even contradict the accuser’s story.
- Receipts and Alibis: Gather any evidence that can establish timelines and locations. This includes receipts from bars or restaurants, GPS location data from your phone, and a list of any potential witnesses who can speak to your interactions with the accuser or your whereabouts.
Avoid All Contact With the Accuser
Under no circumstances should you attempt to contact the accuser, their friends, or their family. Do not try to call, text, email, or send a message through a third party. Do not try to “talk it out” or “get them to tell the truth.”
- Risk of New Charges: Any contact can be viewed as witness tampering, obstruction of justice, or stalking, leading to new and separate criminal charges against you. This will only make your situation worse and make you look guilty.
- It Will Be Used Against You: The accuser will immediately report any contact to the police, who will use it as evidence of your “consciousness of guilt.” They will argue that you were trying to intimidate or manipulate the witness because you knew you were guilty.
Hire an Experienced Minnesota Defense Attorney Immediately
You cannot and should not fight a sexual assault investigation on your own. You need a lawyer working on your behalf from the very beginning. Pre-charge representation is the most effective way to defend against these allegations.
- Your Advocate and Shield: I will become the single point of contact for the police. All communication will go through me. This stops the police from harassing you and prevents you from making a mistake under pressure.
- Conducting Our Own Investigation: I can use private investigators to interview witnesses, gather exculpatory evidence the police may have ignored, and find information that challenges the accuser’s credibility. We will not simply react to the state’s case; we will build our own.
Minnesota Sexual Assault Investigation FAQs — What You Need to Know Now
Should I talk to the police to give my side of the story?
No. Absolutely not. This is a trap. Police are not neutral parties; they are building a case against you. Anything you say will be used to try and poke holes in your story and support the accuser. Your side of the story should only ever be told through your attorney.
What if the accusation is completely false?
False allegations happen. People can be motivated by revenge, jealousy, regret, or mental health issues. However, the police will likely believe the accuser initially. It is not enough to simply say it’s false. You need a lawyer to help you gather the evidence to prove it.
How long does a sexual assault investigation take in Minnesota?
Investigations can vary widely in length. A simple case might take a few weeks, while a more complex one could take many months. During this entire time, the police are gathering evidence. This long period of uncertainty is stressful, which is why having an attorney to guide you is crucial.
Can the police search my phone, computer, or home?
Police need a search warrant or your consent to search your property. You should never give consent. Make them get a warrant. If they have a warrant, you cannot stop the search, but your lawyer can later challenge the legality of the warrant in court.
Do I need a lawyer before I’ve been charged?
Yes. This is the most critical time to have a lawyer. An experienced attorney can often influence the outcome of the investigation itself. I can present exculpatory evidence to the prosecutor and point out weaknesses in the case, sometimes convincing them not to file charges at all. This is known as pre-charge representation, and it is your best chance at avoiding a life-altering charge.
What is a “no-contact” order?
If you are charged, the court will almost certainly issue a No-Contact Order (NCO) preventing you from having any contact—direct or indirect—with the accuser. Violating an NCO is a separate crime that can result in your immediate arrest and new charges.
Will I be arrested?
Not always. Sometimes, police will complete their investigation and you will be charged via a summons, which is a notice to appear in court. However, in many sexual assault cases, especially those involving serious allegations, you may be arrested and have to post bail to be released.
What if the accuser wants to drop the charges?
An accuser cannot “drop the charges.” Once a report is made, the decision to prosecute belongs solely to the state of Minnesota, specifically the prosecutor’s office. While an accuser’s desire not to proceed can influence the prosecutor’s decision, they can be forced to testify against their will.
How can I defend myself if it was consensual?
A consent defense is very common, but it is complex. It often comes down to your word against the accuser’s. The defense must be built on evidence that establishes the context of the interaction, such as prior communications (texts, emails), the nature of your relationship, and your behavior before and after the alleged incident.
Will this investigation show up on a background check?
An investigation itself will not typically appear on a standard employment background check. However, if you are arrested and formally charged, the charge will appear on your record, even before a conviction. A conviction, of course, will remain on your record permanently in most cases.
What happens if the incident involved alcohol?
Alcohol is a factor in a huge number of sexual assault allegations. The law states that a person is incapable of consenting if they are mentally incapacitated, which can be due to intoxication. The prosecutor will try to use evidence of the accuser’s intoxication to prove they could not have legally consented.
Can I be charged if there is no physical evidence?
Yes. A person can be charged and even convicted of Criminal Sexual Conduct based solely on the testimony of the accuser. Many of these cases are “he said, she said” situations. This is why challenging the accuser’s credibility is often a cornerstone of the defense.
What if this allegation happened a long time ago?
Minnesota has a statute of limitations for sex crimes, but it is very long—often nine years or more from the date of the incident, and in some cases involving child victims, there is no time limit at all. You can absolutely be investigated and charged for an incident that happened many years ago.
The police left a card on my door. What do I do?
This is a common tactic. Do not call the number on the card. Call a criminal defense lawyer immediately. I will make the call for you. This prevents you from being interrogated and ambushed by investigators.
Why do I need a private lawyer instead of a public defender?
Public defenders are excellent attorneys, but they are often assigned to a case only after you have been formally charged. A private attorney can be hired during the investigation stage to protect you pre-charge. This early intervention is the single biggest advantage of hiring a private lawyer.
What a Sexual Assault Conviction Could Mean For Your Life
If the investigation leads to charges and ultimately a conviction, the consequences will follow you for the rest of your life. A Minnesota CSC conviction is not something you serve time for and then move on from. It is a permanent brand that limits your freedom and opportunities forever.
Lifetime Sex Offender Registration
This is one of the harshest and most enduring consequences. You will be placed on a public registry, your name, photo, and address available for all to see. This registry dictates where you can live (not near schools, parks, or daycares), where you can work, and even where you can go. It is a modern-day scarlet letter that invites public shame and ostracism.
Permanent Criminal Record and Job Impact
A felony CSC conviction on your background check will make it nearly impossible to find meaningful employment. You will be barred from countless professions, including education, healthcare, finance, and anything involving children. The dream of a career, financial stability, and providing for your family can be shattered permanently.
Loss of Civil Rights, Including Firearm Ownership
A felony conviction in Minnesota will result in a lifetime ban on your right to own, possess, or use a firearm. You will lose your Second Amendment rights forever. You may also lose your right to vote while on supervision and could be barred from holding public office or obtaining certain professional licenses.
Devastating Impact on Housing and Personal Life
Finding a place to live will be a constant struggle. Landlords will reject your application, and registration laws will severely restrict your housing options in Minneapolis, St. Paul, Rochester, and every other community. The stigma will strain your relationships with family and friends and make it incredibly difficult to form new, healthy relationships.
Why You Need a Tough, Experienced Minnesota Defense Attorney at the Investigation Stage
When you are facing a sexual assault investigation, you are in the fight of your life, and you need a fighter in your corner. The state has unlimited resources, and the system is designed to secure convictions. Hiring a dedicated, private criminal defense attorney at the first sign of trouble is the single most important step you can take to protect yourself.
The Power of Pre-Charge Intervention
The best time to win a criminal case is before it is ever filed. As your attorney, I can intervene during the investigation to present your side of the story in a controlled, strategic manner. I can provide the prosecutor with exculpatory evidence, witness statements, and legal arguments that may convince them that they cannot prove their case beyond a reasonable doubt. This can lead to a decision of “no charges filed”—the best possible outcome. You do not get this opportunity if you wait until you are arrested.
Leveling the Playing Field Against the State
The police and prosecutor have a massive advantage. They have the power of the state behind them. My role is to level that playing field. I will conduct my own parallel investigation, scrutinizing every piece of the state’s evidence, finding the holes in the accuser’s story, and challenging the police’s methods. You need an advocate who is not intimidated by the system and who is prepared to fight them at every step.
A Deep Understanding of Minnesota Courts and Prosecutors
I have defended clients against these allegations across the state of Minnesota. I know the prosecutors in Hennepin County, Ramsey County, and other jurisdictions. I understand how they build their cases and what kinds of evidence they find persuasive. This local knowledge allows me to tailor a defense strategy specifically to the court and the prosecutor you are up against, giving you a significant strategic advantage.
Building a Case Designed to Protect Your Future
From the moment you hire me, my focus is on one thing: protecting your future. I will prepare your case with the meticulous detail required for a jury trial, even if the goal is to prevent charges from being filed. This aggressive preparation sends a clear message to the prosecution that we are ready for a fight. Whether the best outcome is a pre-charge dismissal, a negotiated plea to a lesser offense, or a not-guilty verdict at trial, my entire effort is directed at achieving the result that lets you walk away with your life and future intact.