People generally assume that it is always clear and obvious when an individual does not consent to sex, but that is not necessarily the case. There are circumstances where a person can seem to give consent to another person to have sexual contact, but actually be considered unable to consent under Minnesota law.

One example is when the individual was considered to be too impaired by drugs or alcohol to consent to sex. Another is when the individual is below a certain age, depending on the age of the other person and the relationship between the two. In general, state law considers people aged 16 or above mature enough to give consent, but when the other person involved is “in a position of authority” over the first person, the age of consent goes up to 18. High school teachers, coaches, counselors and administrators are among those considered to have “authority” over someone under 18.

Minnesota teacher accused of affair with 17-year-old student

As a teacher, being accused of a sexual relationship with a student at your school can make headlines and ruin your reputation. An Albany man is facing this level of scrutiny after being charged with third-degree sexual conduct for allegedly having an affair with a student when she was 17. Police say the teen acknowledged the relationship after officers showed her records of alleged phone calls and text messages between her and the teacher.

If found guilty, the man could face up to 15 years in prison and be added to the Minnesota sex offender registry.

What you can do if you are accused

Sex crime charges are serious, but there are things you can do to preserve your right to fair treatment by the courts. The most important thing you can do after being arrested, charged or put under police investigation is to call a criminal defense attorney in your area. Your lawyer will immediately begin fighting for your rights.