Marital exception could disappear in sexual misconduct cases

A Coon Rapids woman who was drugged and raped wanted to bring charges against the perpetrator; however, the state’s so-called marital exception prevented that from happening.

Current law prevents prosecution for certain criminal sexual misconduct offenses by participants “cohabiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor's legal spouse.” Charges can be filed if the couple is living apart and one of them has filed for legal separation or divorce.

House Minority Leader Melissa Hortman (DFL-Brooklyn Park) sponsors HF3465 to close the loophole.

“It seems to me that this particular section of law serves no purpose,” she told the House Public Safety and Security Policy and Finance Committee Wednesday.

The bill was held over for possible omnibus bill inclusion. Its companion, SF3139, sponsored by Sen. Michelle Benson (R-Ham Lake), awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.

“Rape and sexual assault definitely do happen within marital relationships and other close relationships,” said Rep. Jamie Becker-Finn (DFL-Roseville).

Caroline Palmer, public and legal affairs manager at the Minnesota Coalition Against Sexual Assault, said she is aware of four or five cases during the past decade this change would affect.

“This doesn’t happen a lot, but when it does happen the prosecutor’s offices who were involved felt terrible because they couldn’t do something,” she said.

“I’m sure there are more that are not reported,” said Rep. Mark Uglem (R-Champlin).

“One case is one too many,” added Rep. Brian Johnson (R-Cambridge), the committee chair.