Skilled Representation To Defend Against Sex Crime Charges
Sexual assault is a serious crime that can result in severe consequences, including imprisonment, mandatory sex offender registration and limitations on places where one can reside. In South Dakota, there are different degrees of rape and statutory rape, and it’s important to understand the charges and potential defenses if you’ve been accused of one of these sex crimes.
We at Walter Law Office understand the importance of providing our clients with experienced and aggressive criminal defense representation for sex crimes. We have over 30 years of combined experience in criminal defense of sex crimes and are dedicated to fighting for our clients’ rights and freedoms. Below, let’s take a closer look at the different degrees of rape and statutory rape, the defenses of statutory rape in South Dakota, the penalties you may be facing and the ways that we can help you.
Degrees Of Rape
Rape is defined as engaging in sexual penetration with another person without their consent. In South Dakota, there are different degrees of rape, including first-degree, second-degree and third-degree rape.
First-degree rape involves sexual penetration accomplished by force or threat of bodily harm or when the victim is incapable of giving consent. Forcible rape is a Class 1 felony with a maximum sentence of up to 50 years in prison. Rape can be up to a Class C felony and can result in imprisonment for up to life in prison.
Second-degree rape involves sexual penetration accomplished by force or threat of bodily harm or when the victim is mentally incapacitated or physically helpless because of intoxication, for example. Second-degree rape can be a Class 2 felony and can result in imprisonment for up to 25 years. This offense could be charged if you had intercourse with a person who was either intoxicated, sleeping or passed out.
Third-degree rape involves sexual penetration with a person between 13 and 16 years old and is a Class 3 felony with up to 15 years in prison.
Statutory Rape
Statutory rape is a form of sexual assault that involves engaging in sexual activity with a person who is under the age of consent, even if the activity was consensual. In South Dakota, the age of consent is 16 years old.
If the victim is under the age of 13, the offender can be charged with first-degree rape, which is a Class C felony and can result in imprisonment for up to life in prison.
Defenses Against These Charges
There are a few defenses to statutory rape in South Dakota, not including mistaken age and lack of knowledge of the victim’s age. Defenses in other sex crimes charges include consent, innocence, false accusations or insanity, among others.
It is important to speak with an experienced criminal defense attorney to determine the best defense strategy for your case. We can take the time to review the facts of your case, look for opportunities to defend you in court and negotiate for reduced or dismissed sentencing while also helping you understand your case and defending your rights along the way.
Maximum Penalties
The maximum penalties for rape in South Dakota can be severe, including life imprisonment and mandatory sex offender registration. If you’ve been accused of sexual assault, it’s crucial to seek experienced legal representation to protect your rights and freedom. Do not speak to the police until you have consulted an experienced criminal defense lawyer like us.
Frequently Asked Questions
If you or a loved one is facing allegations of a sex offense in South Dakota, the uncertainty can be overwhelming. To help you understand the challenges ahead and the next steps, we have compiled answers to critical questions individuals face when under investigation or facing charges in South Dakota.
Can a sex crime charge be dismissed if the accuser withdraws their statement?
No, a dismissal does not happen automatically. In Minnehaha County and across South Dakota, the state prosecutor holds the exclusive authority to press or dismiss criminal charges, not the complaining party. Even if an accuser officially recants their story, the state will frequently push forward with the prosecution by relying on alternative evidence, such as police reports, forensic data or digital communications.
I am completely innocent of these allegations. Should I talk to Minnehaha County detectives to clear my name?
No. You should never engage in discussions with law enforcement, investigators or detectives without a skilled criminal defense attorney present. Even well-intentioned statements meant to prove your innocence can easily be misinterpreted, taken out of context or leveraged by prosecutors to build a case against you. Politely decline to answer any questions and state clearly that you are exercising your right to legal counsel.
Is there a legal process to get my name taken off the South Dakota Sex Offender Registry?
Under South Dakota law (SDCL § 22-24B-17), certain individuals are permitted to petition the circuit court to terminate their registry requirements, but the eligibility criteria are exceptionally strict. Your ability to petition depends on the specific tier of the offense, whether you were convicted as an adult or a juvenile, and on maintaining a completely clean record for a lengthy tracking period (often a minimum of ten to 25 years). This process involves a formal legal filing that must be served to the local State’s Attorney and the Attorney General’s office, both of whom regularly object to these petitions.
Can a local sex crime investigation in Sioux Falls turn into a federal case?
Yes. If an investigation involves digital elements, such as the internet, social media platforms or file-sharing applications, or if any aspect crosses state lines, federal agencies like the FBI or Homeland Security Investigations (HSI) will step in. Cases originating locally that involve internet stings or alleged child exploitation are routinely transferred to the U.S. District Court in Sioux Falls. Federal sex crime charges operate under entirely different sentencing guidelines, feature severe mandatory minimum prison sentences and carry separate registration mandates from state convictions.
We Are Ready To Stand At Your Side
We have experience representing clients facing all types of sexual assault charges, and we offer judgment-free representation to all of our clients. We understand the intricacies of South Dakota law and will work tirelessly to build a strong defense strategy on your behalf. We will investigate the charges against you, gather evidence and fight for your rights in court.
If you are ready to rely on over 30 years of combined criminal defense experience to defend your best interests, contact us today. Call our firm, Walter Law Office, at 605-450-6182 or email us here to schedule your initial consultation today.