Weak or Strong? New tool compares sex crime sentences in Minnesota

ST. CLOUD — A national organization says Minnesota's sentences for sexual offenders are "weak," according to data compiled this fall, but local prosecutors say there is more to consider. 

The National Association to Protect Children, or PROTECT, studied sentences for criminal sexual conduct, child sexual exploitation and sex trafficking from 2007 to 2016. 

The association launched Minnesota data as a pilot in their interactive 'Community Safety Tool,' which tracks convictions, prison and probation sentences by county.

The organization also looked at the number of convictions relative to population size to compare how "aggressively" prosecutors charged sex crimes. 

The tool also ranks counties "for sentencing offenders to prison for Criminal Sexual Conduct," with a ranking of "1" representing the strongest sentencing. It assigned Stearns County a rank of 32 and Benton County a rank of 57, out of 87 Minnesota counties.

More:Holy Innocents Catholic School sued over allegation of sexual abuse

More:3 men charged after child-sex solicitation sting

Grier Weeks, a senior executive of PROTECT, said he hopes the tool shines light on the different ways states treat sexual offenders. 

According to the website, Minnesota gave less severe sentences for offenses against children than offenses against adults. 

"My hope was finally having to confront these facts would force this debate out into the light of day," Weeks said. "Nothing is going to get better in the dark."

The site uses data from the Minnesota Sentencing Guidelines Commission, a policy-making body which tracks felony sentences. 

Philip Miller, Benton County Attorney, said determining how "aggressively" offices prosecute charges based how many people per capita get sent to prison is not the most accurate method. 

 "We're a mid-sized county and a difference of one or two cases can skew statistics," Miller said. 

More:St. Cloud man suspected of sending sexual texts to a minor in undercover sting

Opinion:Locally, there are ways to fight sexual exploitation, trafficking

The website also does not take into account how many cases were referred to the attorney's office for prosecution, Miller said. He believes how many cases are investigated and referred to the attorney's office compared to how many are charged would be a better indication of how aggressively cases are pursued, he said. 

"I think we do a pretty good job," Miller said. "We handle sexual assault cases very seriously." 

What impacts sentencing?

Weeks said he supports treatment for offenders, but "not in lieu of incapacitation." 

"Minnesota really needs to have an honest debate over whether probation is appropriate for predatory sex crimes," Weeks said. 

In Stearns County, sentencing guidelines recommended a prison sentence for about 63 percent of criminal sexual conduct cases over the decade, according to the safety tool. But only about 37 percent of all cases were given prison sentences.

The guidelines recommended a prison sentence for about 35 percent of the cases in Benton County. Nearly 29 percent of cases were given a prison sentence. 

Minnesota law does not require all sex crime offenders be committed to prison without jail and probation first, said Janelle Kendall, the Stearns County Attorney, in a written response to the Times. 

"Being required to register as a sex offender, undergo treatment and spend time in jail are not irrelevant in offender behavior change," Kendall said. 

More:What causes sex offenders to cease their attacks?

Previous offenses, victim impact statements and severity of the crime also impact sentences given to offenders. 

"A very important factor not addressed on the website is victim willingness and ability to testify," Kendall said.

And most sexual assault cases, according to Miller, are not strong cases. "Our hands are a little bit tied by the sentencing guidelines and the facts of the case," he said. 

According to Kendall, a not guilty verdict is not necessarily better than doing nothing in the eyes of some victims and their families.

"Their feelings about going through trial and extensive cross examination are a significant factor in plea negotiations ... (and) in reporting these crimes to begin with," Kendall said. 

Community Safety Tool

The website can be found at protect.org/safetytool. Users can select counties and look at sentences by type of crime, victim age and time period.

The website also lists county attorneys and number of convictions in each county. The 'compare' tab allows users to see the rank and rate of sexual assault convictions of each county. 

Follow Clairissa Baker on Twitter @clairissabaker and email her at cmbaker@stcloudtimes.com.