Court Finds Minnesota’s Third Degree Sexual Conduct Statute Diverges from Federal Rape Standards
The Eighth Circuit has determined that Minnesota’s crime of third-degree criminal sexual conduct does not match the generic definition of rape because the Minnesota crime includes digital or mechanical penetration, which are outside the generic definition of rape.
The full text of Quito-Guachichulca v. Garland can be found here:
https://ecf.ca8.uscourts.gov/opndir/24/12/231069P.pdf
