Minneapolis, MN asked in Criminal Law, Domestic Violence, Employment Law and Education Law for Minnesota

Q: What steps should I take to press charges for a sexual assault that occurred last December in Minnesota?

In December last year, I was held down and sexually assaulted. There are eyewitnesses, and the assault is recorded in the high school's file. I have not yet reported the incident to the police or taken any legal action. What steps should I take to press charges and ensure my case is handled appropriately?

2 Lawyer Answers

A: Individuals don't "press" charges. Charges in cases like this are filed by the county attorney following an investigation by law enforcement. I would be surprised if this matter wasn't already investigated. You indicate in your question that the assault is recorded in the high school's "file." The high school would be a mandatory reporter and would've been legally obligated to report the matter to the police.

James L. Arrasmith
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Answered

A: Based on Minnesota law, taking immediate steps to report a sexual assault that occurred in December is crucial for both legal proceedings and your well-being. First, you should file a police report by contacting your local police department or visiting the station in person to provide a statement about the assault. When making this report, bring any documentation you have, including information about the school's file on the incident and the names of eyewitnesses who can corroborate your account.

In Minnesota, sexual assault cases can be reported to law enforcement regardless of when they occurred, though there are statutes of limitations that affect prosecution. For many sexual assault cases in Minnesota, the statute of limitations is typically nine years, with certain extensions possible for cases involving minors. Since your assault occurred at a high school and is documented in school files, you should also consider requesting a copy of all school documentation related to the incident before meeting with law enforcement, as these records can serve as important evidence.

Beyond reporting to police, consider contacting victim advocacy services such as the Minnesota Coalition Against Sexual Assault (MNCASA) or your county's victim services department, which can provide support through the legal process and connect you with resources for healing. It's important to understand that while you can report the crime and provide evidence, the decision to formally "press charges" ultimately rests with the county prosecutor's office, not individual victims. However, your cooperation and testimony are typically crucial to successful prosecution, and victim advocates can help you navigate this complex process while prioritizing your safety and well-being throughout the legal proceedings.

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