Tuesday, February 19, 2008

Article : VAGINISMUS AND SEXUAL PAIN

VAGINISMUS AND SEXUAL PAIN

by Dr. Birch on

Sex is not supposed to hurt, but for many women it does. There are many medical reasons for painful intercourse (clinically called dyspareunia), and a physician should always be consulted. Pain might occur around the lips and clitoris, right around the vaginal opening, or deep within the vagina or abdomen. The pain might be experienced as a burning sensation, a sharp pain, or a dull ache. Women should be willing to talk with their doctors in detail, describing the location of the pain, the nature of the pain, and the activities that trigger the discomfort.

There are some women who, even though aroused, do not lubricate well. This might be due to age or medications that are being taken... or just something about the woman's biology. If this is all it is, the problem is likely to be solved with the use of a good, safe, water-soluble lubricant such as ASTROGLIDE. There is an article on this site that addresses the use of artificial lubrication.

There can also be discomfort during intercourse if a partner's penis is too long or too thick. This can be a real concern for some couples. If the problem is one of length and the woman feels discomfort when something internal is bumped, it might help if after being entered she closes her legs. This prevents deep penetration and might help avoid that particular kind of pain (that I call bumper dyspareunia). The problem of girth or thickness is not so easily solved. With time and learning to relax the vaginal muscles, this might eventually resolve itself. Strange as it sounds, it is often easier to relax the muscles surrounding the vaginal opening if a woman first has learned how to tighten them. Read about the Kegel Exercises.

There are a number of medical conditions that will cause sharp localized pain within the genital lips or around the vaginal opening, or a burning sensation along the vaginal walls. Persistent deep pain, or pain that seems related to a woman's monthly cycle, should be discussed with a physician.

There are some women who feel discomfort with attempted penetration of even the smallest penis, finger, or tampon. This might be the result of a condition known as Vaginismus. Vaginismus is the involuntary contraction of the band of muscles that surround the vaginal opening. The tightness prevents entry and the resulting pain causes the muscles to contract even more. The woman typically will feel out of control of this and is probably unaware of the involuntary tightening at the opening of her vagina. Sometimes the harder she or her partner tries, the worse the problem becomes.

Well over 85 percent of women treated for vaginismus will be having pain-free intercourse within six months of beginning treatment. The problem is best treated by a qualified sex therapist who will give the woman relaxation exercises to do at home. The video Treating Vaginismus portrays this therapeutic process.

As the woman learns to relax her body in general and especially her troublesome pelvic floor muscles, the therapist will introduce her to homework using vaginal dilators. These dilators come in a graduated series of sizes. A woman works her way up from a dilator perhaps no thicker than a piece of chalk to a dilator approximating the size of her partner's erection.

Much of what a woman needs to learn about relaxing and being comfortble with vaginal containment can be learned alone. However, if the woman is in a relationship, her partner will most likely be involved early in the treatment so that he understands what the purpose of the homework. He will be most certainly be involved later in the therapy as the couple approach the point when it is time to insert his penis.

Article : MASTURBATION: COMPULSIVE AND OTHERWISE

MASTURBATION: COMPULSIVE AND OTHERWISE
Beware of the Self-Appointed Guardians of our Sexual Pleasure

By
Robert W. Birch, Ph.D.
Sexologist & Adult Sexuality Educator

I am always a bit concern when professional sexuality experts make unqualified mention of "compulsive masturbation." First of all, those of us calling ourselves sexuality educators are committed to the endorsement of masturbation as a normal (if not essential) aspect of healthy sexual development, and we have even gone on record as saying that the good feelings associated with it are OK! Both males and females masturbate to relieve sexual tension and because it feels good. If "normal" masturbation feels good, how should "compulsive" masturbation feel? Should "compulsive" masturbators feel bad about feeling good? So the question, like the morning erection, arises, "If sexuality is good and masturbation is normal, should it feel better if it is not compulsive, but feel bad if it is?" Or, more basically, have we sex educators lied, and is masturbation really habitual, and is feeling good really bad?

One might legitimately wonder, when is masturbation "compulsive," verses just "frequent." I'm thankful that we hear less these days about "excessive" masturbation, but is compulsive masturbation excessive? (Or should the question have been, is excessive masturbation compulsive?) Should excessive masturbation feel good or...well, just excessive. It seems to me that if one orgasm feels good, frequent orgasms are better, but what if they are excessive or, gulp, even the result of compulsive acts? If a little feels good, wouldn't a lot feel even better? I'm confused! Is it OK, on our own, to feel just a little bad about a lot of feeling really good, or should we join a sex addicts group that would help us feel really bad, so we can stop feeling good altogether?

I also worry about the number of orgasms we are allowed, but worry even more about who it is that should set the limit. Are men allowed to have more self-induced orgasms than women? And how is this allocation of self-induced pleasure measured? Do we measure excessive or compulsive masturbation in terms of the number of strokes or should the number of orgasms be counted? If it's strokes, then the premature ejaculator is much less likely to be judged compulsive, but if one counts orgasms, a non-orgasmic woman could rub herself all day and would be home free. And who should really be doing the counting anyway... our spouse, our therapist, our minister... maybe our state? The unqualified mention of "compulsive masturbation" makes me very uneasy.

I have always assumed that our libido (our sexual appetite) is individually unique, and that the level of this sexual desire varies widely among normal folks, as does intelligence and height and other human qualities and attributes. But if the experts talk without qualification of masturbatory compulsion, then it would seem that there is some fixed frequency that must be rigidly maintained. If this is so, should people with strong sexual needs limit their orgasms so as to fall in line with the expectations of those who claim authority to regulate our sexual frequencies? And who will regulate the regulators? If he or she who judges has low desire, what standard will he or she set for the rest of us to maintain. Must men and women with strong sex drives limit their expression, lest those who count orgasms apply the dreaded "C" label... "Compulsive"... the new scarlet letter for the millennium.

If someone with a high sexual desire masturbates every third day, despite feeling horny on a daily basis, have they demonstrated that they are not compulsive in this act? What if they do in fact masturbate every day? Does that change the "diagnosis?" And what of the person who feels horny every third day? Should they wait a week to demonstrate that they are really under control? Is someone who is horny every day but fights the urge and only masturbates every third day somehow healthier than the person who is horny every third day and masturbates each time the need is felt? Do we mean to say that there is some virtue in waiting even when no other person is involved? Is abstinence from something that is satisfying a treatment, and if so, for what? Do we really get extra credit for postponing self-gratification, and anyway, who's giving out the brownie points?

Confused? Imagine the reaction when a "sexuality expert" fails to define and qualify that vague behavioral description, "compulsive masturbation?" All sorts of images and emotions are stirred. Those who believe that masturbation is "self-abuse," and maintain that this solitary behavior is sinful, must love the unqualified term. We know these self-righteous self-appointed guardians of morality are out there, and growing in number. For those who would control our thoughts and behaviors, even an innocent child's normal, natural, and beautiful process of self-discover might be seen as "compulsive,"A spouse with lower desire might believe a hornier partner should never ever masturbate, and quickly label his as a sure sign of sexual addiction. "Addiction" and "compulsion" are such convenient words for arrogant folks, professionals and otherwise, who are hateful of variation, scornful of intensity, jealous of frequency, and distrustful of pleasure! These are the people who would point and cry out "Addict," with the intent to shame and control us.

In a recent article, a highly credentialed sex therapist wrote about "sexually compulsive behavior," and stated that one of the "...most common forms..." is (without qualification) "compulsive masturbation." Let me get back then to this unqualified mention of "compulsive self-stimulation" and ask the question again: When should we label this self-pleasuring "compulsive?" This therapist offered "five basic criteria." First, there will be "cognitive distortions (that) allow the person to convince himself/herself that a behavior is acceptable." But I thought we sex-positive educators have proclaimed that self-pleasuring is acceptable (and respectable sexologists have even produce a variety of "training videos" to show how to do it)! The second criterion offered in the article was evidence of "...repeated efforts to discontinue or decrease the activity." Wow, as a teenager with hormones racing wildly through my body and religious guilt racing wildly though me head, I sure made repeated efforts to discontinue or decrease my masturbation, not because it felt excessive, but because there were those who were committed to shaming me. Then the sexuality educators came along and said, "It's natural.... so go ahead and enjoy it!" Is it the behavior that is confusing, or what people are saying about it?

The next criterion proposed in the article was spending "...hours in preparation for the act, or.... fantasizing about it afterwards." Gosh, that's what I call "foreplay" and "afterplay!" Let's be careful how we talk of preparation and of reminiscing. The pre- and post-orgasmic thoughts and fantasies are, in my thinking, the threads that weave together the erotic fabric of our sexuality, tying the individual patches together to form the colorful quilt of our total sensuality. We need to remember that most sexologists endorse the use of fantasy, visual stimulation and an assortment of vibrating and/or penetrating toys when one freely elects to self-pleasure, and we've got more videos to show how the toys work.

I believe there are questions that must be answered before applying a label that implies a sexual behavior is a problem. Is an individual's masturbation excessive or is the masturbator simply an individual with a high drive who is appropriately managing his or her sexual energy (and having some fun in the process)? Individuals with high levels of desire will respond frequently to their physical need, will experience easy arousal and will, in due course, reach pleasurable and relaxing orgasms. These person will feel fulfilled, relaxed and good about their sexuality. There are in fact compulsive masturbators. The compulsive masturbators' masturbation will not be in response to their bodies, might be performed without feeling any prior sexual desire, and is likely to exceed his or her natural biological capacities. Responding to a psychological demand, they will often find their arousal difficult, and once started, they will probably not stop until some sort of orgasm is reached, or they become too exhausted or too sore to continue. Compulsive masturbators will feel incomplete, unfinished and (quite likely) guilty. The will want to stop, but feel powerless to do so.

We should evaluate any additions to videos, toys, etc. that are used during the masturbatory act. Such adult "sexual aids" are often use for playful novelty, to foster an easier turn on, to produce a more pleasurable erotic experience... and the reasonable use of such aids is not a sign of sexual compulsion or addiction. Some women only orgasm with the intense stimulation of a vibrator... should we call them addicted to their vibrators? What of the older man who finds that viewing an explicit video helps achieving a firm erection... is he automatically addicted to porn? On the other hand, what if considerable money and time are invested in toys, magazines or videos, cutting into money needed for necessities or time need for work? What if a toy has become a requirement that has been assigned exaggerated erotic power and must be compulsively employed to get the job done, with or without pleasure... and always needing to be replaced by an exciting new toy? Can a man or woman postpone their pleasure, putting it into perspective in his or her busy life, or must all other priorities be changed in order to complete the compulsive act?

If not in a relationship or having access to a willing adult partner, is the masturbation serving the purpose of fulfilling unmet sexual needs in a way that is pleasurable, or is it a way of avoid intimate relationships? (And, anyway, who says every human being must be in an intimate relationship?) If a willing partner is available, is the masturbator realistically filling gaps in discrepant levels of desire, or is he or she rejecting the partner's advances in order to go masturbate in private? If masturbation is preferred, is it because of sexual compulsivity, or is it a reflection of a relationship issue? In my office, a wife once complained that her husband was masturbating rather than accepting her invitations, but he, for the first time, acknowledged that his wife drank excessively, was verbally abusive, and did not bath before sex! I'm glad that I had not laid a guilt trip on him by labeling his masturbation compulsive.

Those claiming to be experts in the field of sexuality need to be very careful using vague unqualified catch phrases. With the guilt-laden history already associated with self-pleasuring, let's not contribute in any way to the confusion. It is normal and natural to masturbate and also normal and natural if an individual feel no need to do so. We should only be concerned when sexual behaviors are public (with an unwilling or underage audience), non-consensual (involving physical or psychological force/threat/coercion), exploitive (inappropriate use of power or age), and potentially destructive in terms of relationships, finances, freedom or health.

A sexual addiction or sexual compulsion has been defined as "Unstoppable sexual behavior that is repeated compulsively despite the awareness of dire consequences." A non-compulsive individual will not feel out of control and repeat something they know could cost them their marriage, cost them their job, cost them a large fine, cost them their freedom, or cost them their life.

When amazon.com was last searched with the keywords "sexual addiction," 34 books came up. If you feel that you must read something on this topic, be careful what you select. In the reviews on one book, a reviewer shared his or her impression that the book's only purpose was to make people feel bad. Avoid books such as this!

In his erotic novel, SETTLING THE SCORE, Dr. Birch follows one character through the diagnosis and misdiagnosis of his high sex drive.

Most typically, masturbation is a healthy, normal, safe, and fun way to deal with ones sexual desire, and often all manner of toys become involved.

Books, such as TICKLE YOUR FANCY, give both permission and instruction on how to creatively engage in self-pleasuring.
©2001 Robert W. Birch, Ph.D.

Article : LOW SEXUAL DESIRE

LOW SEXUAL DESIRE

Robert W. Birch, Ph.D.
Sexologist & Sexuality Educator
©2001

WHAT IS SEXUAL DESIRE?

When we talk of "low sexual desire," we are talking of a lack of interest in sex. In street language, the person with low desire does not get "horny," or does so infrequently. Without desire, there is little or no biological motivation to be sexual. Individuals without a sex drive do not understand why they are not interested, and might not even know what it is that's missing. They feel powerless when expected to want sex.

Traditionally, sexual drive was called LIBIDO, and this term is still used by those not trained in the diagnosis and treatment of sexual disorders. Clinically, low sexual desire was initially classified as INHIBITED SEXUAL DESIRE (or ISD), but in recent years has been relabeled HYPOACTIVE SEXUAL DESIRE (or HSD).

Regardless of what it is called, when the level of sexual desire is down, a person's lack of interest can create serious problems within a relationship. However, this is only true if the partner has a higher level of desire. There is no problem if both want sex once every day, and there is no problem if both want sex once a month. However, if one wants it every day and the other only once a month, this discrepancy is likely to cause concern. In other words, it is the discrepancy in levels of desire that is potentially disturbing.

Think of sexual desire as a hunger. If a person is hungry for food, he or she will be motivated to eat, will enjoy eating, and will be satisfied once having eaten his or her fill. The person will reminisce about a good meal, will tell friends about what tastes good, and will look forward to eating again. The sexual drive is also a biological hunger that motivates behavior, influences thoughts, and invades fantasies. Despite the similarities, there are differences, however, between a hunger for food and a hunger for sex. A person is not likely to feel hurt, rejected or unloved if a partner does not want to eat with him or her. Not so when a one is not sexually motivated, for this is often taken much more personally by the partner with the greater appetite.

WHO HAS LOW DESIRE?

The answer the question seems easy. Everyone has low desire... at times. If a person is depressed or temporarily ill, his or her sexual drive is likely to drop. Immediately after being sexually satisfied, desire fades. During a pregnancy, some women lose their sexual appetite. For some women their "horniness" fluctuates in synch with their menstrual cycle, with some women being more interested mid-cycle and some during their periods. We know that certain medications will adversely impact libido. During times of stress and high anxiety, desire will diminish. We have all experienced these low points from time to time. Aging, chronic illness and physical disability can have long term effects on sexual interest.

In real life, questions about desire are not that easy. One must first ask, "How much desire is enough?" The answer is, it all depends! It all depends on the partner's level of desire. Counting the frequency of "horny attacks" is meaningless and once more we must return to the concept of a desire discrepancy. If one partner would like to be sexual twice a week, but the other would like sex four times a week, there might be just as much tension in that relationship as when one partner is totally disinterested and the other feels amorous every third Saturday morning.

The old jokes typically have a woman saying, "Not tonight dear, I have a headache." In reality, however, it seems that in about 45% of the relationships with a desire discrepancy it is the man claiming the migraine. So, put aside that myth that it is only women who have low sexual desire. Levels of desire vary among both males and females. Some men are chronically disinterested as are some women, and the reasons are not always clear.

TRYING TO UNDERSTAND THE DILEMMA

All too often we confuse sexual desire with emotional love. I have heard many people, men and women say to their partners, "I you loved me as much as I love you, you would want me as much." Love and sexual appetite are not the same. Physical attraction, sexual chemistry, physical lust operates on a totally different program than emotional caring and commitment. It is wonderful if there is both love and mutual sexual passion, but by a desire for hot sex is not the same as loving and loving is not the same as wanting. Those who would argue with this must be fortunate to have both, but loving couple with a desire discrepancy understand what I am talking about.

To fully understand the nature of desire, one has to consider that when everything is working, desire precedes sexual excitement, and desire is the motivation to seek that arousal. Arousal precedes orgasm. It is in being arousal that orgasm becomes a very attractive goal. In a sense, then, the sexual response cycle is wanting to get something started so that it can be ended. In the process of doing so, it is nice giving pleasure to a receptive partner, fostering the intimacy of a relationship, and nurturing the shared love... but biologically, the drive is to get started, get hot, and get finished.

Ironically, any one of the three phases (desire, arousal and orgasm) can occur independently, without all the phases happening. That is, there can be desire and arousal, but no orgasm, a concern experienced mostly by women (addressed in other articles). Some older men still have desire, but are unable to become aroused, yet with stimulation of their soft penises, they will ejaculate (orgasm). There can also be arousal and even orgasm without being driven by desire. In another article on this site I talk of "jump-starting," and I'll not repeat that here, other than stating that there are times when a person with no libido can become turned on and experience a wonderfully pleasurable orgasm, but shortly afterward will honestly state, "That was nice, but I don't ever need to do it again." This can be very frustrating to a person who believes that by providing a fantastic orgasm for a disinterested partner, that partner will be "cured" of their low desire. It doesn't happen that way.

Concerns about desire discrepancies make up the most frequently heard complaints in the offices of sex therapists and on the online question and answer boards. Unfortunately, this is the most difficult situation to reverse. It is practically impossible to talk someone into feeling something, and often the attempts to do so either drive the persons further away or cause them to feel guilty.

IS THERE ANY HOPE FOR INCREASING SEXUAL DESIRE?

If one were to ask, "How many sex therapists does it take to change a light bulb?" the answer would be, "Only one!" However, the light bulb must really want to change. A person who has felt desire but then has lost it, is likely to miss the feelings and want to pursue change. On the other hand, a person with chronically low desire does not, in essence, know what it is he or she is missing and is less likely feel motivated. In fact, they often perceive the problem as being their partners' problem. Any feelings of anger, resentment or guilt within the relationship will further dampen an interest in discovering what it is to crave sexual arousal and orgasm with a partner.

If the relationship is good, and emotional issues will not get in the way, sex therapy can help discover ways to stir arousal. However, this often will seem a bit mechanical as, for I have said, it is difficult to build in a biological hunger. There is hope, however, for the many woman who will benefit from testosterone. If a woman's testosterone levels are found to be low, her physician can prescribe hormonal supplements in the form of a pill. If levels are not low, a testosterone cream might be prescribed. A post-menopausal woman on hormone replacement therapy can be give a pill that combines both her estrogen and testosterone. These are all available only by prescription, and require the women to consult her physician.

Experiments with a female form of Viagra have not been promising. Furthermore, there are no known herbs or over the counter pills, creams or ointments that have proven to be effective. The best approach remains couples therapy with a qualified sex therapist, coordinated with medical intervention by a physician knowledgeable in the treatment of sexual dysfunction.

©2001 Robert W. Birch, Ph.D.

Article : Sex Appeal Through Erotic Lingerie

Sex Appeal Through Erotic Lingerie
by: John Tidswell


There is underwear and there is lingerie and it is a shameful understatement to call lingerie just sexy underwear. It is an enhancement of the woman's form. It is the wispy negligee that cuts a seductive silhouette as severe or as dainty as the woman allows. It is the breast lifter that long ago was made of whalebone, revolutionized earlier this century with the underwire, and now evolved into cups that push breasts in and up with ease and comfort.

Erotic lingerie is an age-old tool for seduction that has reflected the era's definition of sexy and helped women transform from working woman or mild-mannered wife to a mistress of sexual magnetism.

Erotic lingerie is imperative to the erotic arts that we all partake in. It is, in its most classic role, the catalyst to seduce a man from sofa to bed. It is the visual and tactile framework around a woman’s body that serves as an instrument for arousal and enticement. And sexy lingerie is the last article of clothing to drop to the floor. Satin or lace, it is the last tactile sensation before the touch of skin on skin.

But erotic lingerie does not need to start in the bedroom. By day, sexy lingerie can enhance the form under the clothes. And a woman can choose to cover it completely, only to let the hourglass form it helps create be the allure throughout the day. Or she can opt to let the gorgeous satin or lace be barely hidden under the clothing to serve as a tease to the man seeing it. When worn with clothing, the woman chooses the level of sensuality she shows in the lingerie as well as the level of sensuality she feels knowing what sexy attire could be revealed with the loosening of a button or the lift of the skirt.

Torturing men with the art of the tease started centuries ago and evolved over the continents. Asia’s Edo period oirans tempted with billowy kimonos. Mediterranean women over 2,000 years ago teased with cleavage and buttocks that pushed out and up. Europe’s renaissance did the same. The shape was often created through garments that pulled, pushed, lifted and squeezed, and it still is to this day.

Today, the whole body is accentuated with a thin waist, curvy round hips and buttocks, and overflowing, large breasts that are fully accepted floating much higher than the physical norm. However, lingerie has flattened as much as curved. Flappers may not be seen now as the most seductive female form, but lingerie helped them be less curvy and smaller all over. But for most of seduction's history, two canyons were to be accentuated by any means necessary: the chest and the rear end.

As a sexual culture, we have definitely evolved into wispy "barely there" underwear but erotic lingerie has not always had this much comfort, nor has it always given this much choice to the woman wearing it on what kind of sexy she wants to be. We have lingerie for every body type and while the goal is usually an hourglass figure, whether she is thin or voluptuous a woman can find lingerie that will enhance or accentuate her most attractive assets.

Historically, the breasts have gone through many transformations as to what is seen by society as the “sexiest” form. One decade’s padded bosom is another decade’s boyish flattening with popularity in padding the previous decade becoming a strong influence on the flattening and hiding during the next. Shapes changed over time and included small round cups, buttocks-inspired deep cleavage, free-moving surgery enhanced melons, and even rocket-shaped bullets. No matter what one prefers, no one can deny that seduction via the ta-tas has certainly found a home in many outlandish shapes. Nowadays, the best bet is to seduce with what they'll see when the lingerie comes off.

One usually thinks of the chest as the first stop for the tempted male’s eye, and it often is. But the legs and buttocks tempt just as much. Because of this panties can reveal and enhance with the same technology. Some panties will lift and firm depending on what is desired. Others reveal or peek over pants to catch the eye of a sexual target. G-strings and thongs allow the curve of the buttocks to be smooth which enhances the sexy roundness of the behind.

However, we are starting to see the glimmer of an emerging sexual silhouette -the woman's own unique shape accented with light drapings. Mind you, the lingerie may squeeze in one area to accentuate the natural padding of another, but lingerie today can flatter without "false advertising." Many lingerie shops will have complete sections for the small-chested, the heavy-breasted, and the full figured. And we are seeing that sexy lingerie has grown in definition to enhance every part of the body.

Sexy lingerie no longer ends at the infamous derriere. Sexuality goes all the way to the toes with shoes. Heels lift the back of the foot to give height, elongate the leg, and cut a slender silhouette of the calf and thigh which accentuate the legs and buttocks. Shoes are often a neglected part of the ensemble (we're indoors after all, right?), but to truly create the erotic figure the woman aims for, the shoes do the walk that goes with the talk.

One can find in a lot of lingerie the tip of a V-strip of material, or sensual jewelry that works almost exactly like a road map, pointing out the shortest distance from wonder to pleasure. Sensual jewelry is a shiny, sparkling addition to lingerie and can be found in many lingerie shops. The classic is the necklace. In the Middle Ages, women aroused with a small bell pendant that hung perfectly above their cleavage. Most popular this year (and in the decade overall) are rows of rhinestones or silver around the waist or neck. A seemingly stray piece dangles seductively to the side, or if one wants to be completely forward, straight down the middle.

The waist has been enhanced mainly to accentuate the polar ends of the sensual body. Corsets and bodices can thin or stretch the waist so that the breasts and buttocks seem larger and higher. The separation adds length and thins the body as much as the tightening does.

( For examples see http://www.lingerieandperfume.co.uk/bustiers-corsets-basques.php)

Those that use the argument for not putting time or thought into their lingerie will say, "I don't buy lingerie because I'll just take it off." These people have completely missed the point. Erotic lingerie was created not only to make sure that exact action took place over and over and over again, but to ensure there would be a captive audience for that special show.

Article : Sex Crimes and Their Defense in Minnesota

Sex Crimes and Their Defense in Minnesota

by: Maury D, Beaulier


Under Minnesota law, criminal sexual conduct or sex crimes may include: rape, statutory rape, unwanted sexual contact, criminal sexual assault, child pornography, child solicitation or child enticement, solicitation of mentally impaired persons, sodomy, incest, fornication, pimping, and prostitution. Some prohibitions, like those against sodomy and fornication, are technically still on the books, but rarely enforced.

The Minnesota Office of the Legislative Auditor has the following statistics on sexual conduct and sexual assault crimes:

The number of reported sex offenses in Minnesota increased almost threefold between 1971 and 1984, but has remained relatively constant since then.

The number of sex offenses (sexual assault, rape, sexual conduct) reported to the police increased from 2,303 offenses in 1971 to 6,589 offenses in 1984. In 1993, 6,439 sex offenses were reported, of which 49 percent resulted in an arrest.

Between 1981 and 1992, adult convictions for sex offenses involving force remained at the level of 145 to 190 each year, but convictions for child sexual abuse nearly tripled, rising from 160 to 461, and convictions for interfamilial sex abuse increasing from 3 to 154.

Reflecting these trends, about 90 percent of the victims of convicted sex offenders were children or adolescents. Nearly all of the victims of adjudicated juvenile offenders were under 18 years old, as were 84 percent of the victims of adult offenders (with 46 percent under age 13). Nearly all convicted sex offenders (97 percent) were male and most of their victims were female, although 18 percent of the victims of juvenile offenders and 13 percent of the victims of adult offenders were male.

Criminal sexual conduct is divided into four degrees depending upon the age of the victim, age of the accused, whether force is used, and the existence of any special relationship between the parties, such as parent-child or physician-patient. In Minnesota, judges are required to double the punishment imposed on a pattern sex offender, which is someone who repeats or is likely to repeat a sex crime, or someone who plans the crime. Moreover, if convicted of a sex crime, offenders must register with police departments across the state.

FIRST DEGREE. First Degree sexual conduct/assault requires sexual penetration with another person. Remember - A mistake regarding the complainant's age or consent by the underage person is not a defense to a sexual conduct crime.

Age Difference. The complainant is under 13 years of age and the actor is more than 36 months older than the complainant; or the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority.

Fear of Great Harm. Circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

Armed with Weapon. The actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

Personal Injury. The actor causes personal injury to the complainant, and either of the following circumstances exist:

The actor uses force or coercion to accomplish sexual penetration; or

The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

The actor is aided or abetted by one or more accomplices and force or coercion is used or the accomplice is armed with a dangerous weapon.

Significant Relationship. A significant relationship generally means that the parties live together. It is a crime if the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration.

Penalty. Not more than 30 years and a fine of not more than $40,000. There is a presumptive executed sentence of 144 months.

SECOND DEGREE. Second degree criminal sexual conduct/assault does not require penetration. Instead, it involves "sexual contact." Sexual contact has been defined by case law to mean touching of the genital area, breast, inner thigh, or buttocks with a sexual intent. The sexual touching may occur on the flesh or through the clothing.

Age Difference. The complainant is under 13 years of age and the actor is more than 36 months older than the complainant; or the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority.

Fear of Great Harm. Circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

Armed with Weapon. The actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

Personal Injury. The actor causes personal injury to the complainant, and either of the following circumstances exist:

The actor uses force or coercion to accomplish sexual penetration; or

The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

The actor is aided or abetted by one or more accomplices and force or coercion is used or the accomplice is armed with a dangerous weapon.

Significant Relationship. A significant relationship generally means that the parties live together. It is a crime if the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration.

Penalty. Not more than 25 years and payment of a fine of not more than $35,000.

THIRD DEGREE. Third degree criminal sexual conduct is similar to first degree in that it requires sexual penetration. Penetration is liberally construed to included penetration of the anal or genital openings and specifically includes digital and oral penetration. Third degree sexual conduct is generally charged for behavior that is not as extreme as first degree sexual assault.

Age Difference. The complainant is under 13 years of age and the actor is more than 36 months older than the complainant; or the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor believes the complainant to be 16 years of age or older. Consent by the complainant is not a defense.

Force or Coercion. the actor uses force or coercion to accomplish the penetration

Mental & Physical Infirmity of Victim. The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless.

Position of Authority. The complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.

Penalty. If the actor in such a case is no more than 48 months but more than 24 months older than the complainant, the actor may be sentenced to imprisonment for not more than five years. Otherwise a person convicted may be sentenced to imprisonment for not more than 15 years and a payment of not more than $30,000.

FOURTH DEGREE. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:

Age Difference. The complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age or consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced. Additionally, if the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant fourth degree sexual conduct may be charged. Consent by the complainant to the act is not a defense. In any such case, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor believes the complainant to be 16 years of age or older.

Force or Coercion. The actor uses force or coercion to accomplish the sexual contact.

Mental & Physical Infirmity of Victim. The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless.

Position of Authority. The complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.

Significant Relationship. The actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact.

Penalty. A person convicted may be sentenced to not more than ten years and a payment of a fine of not more than $20,000.

FIFTH DEGREE. A person is guilty of criminal sexual conduct in the fifth degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.

"Sexual contact" does not include the intentional touching of the clothing covering the immediate area of the buttocks. Sexual contact does includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.

. Penalty. A person convicted may be sentenced to imprisonment for not more than one year and payment of a fine of not more than $3,000. The charge may be increased to a felony with imprisonment for not more than five years and payment of $10,000, if the person has prior violations.

AGGRESSIVE DEFENSE

In today's world much hysteria and controversy swirls around sexual abuse. A person accused may find that even if acquitted they are looked upon with suspicion and fear. The allegation itself can carry with significant stigma and social repercussions. Too often, prosecutors charge out criminal sexual conduct cases based solely on an allegation. There is often little physical evidence. Though it may seem the case is weak, an aggressive and proactive defense is necessary. That may include hiring experts to review witness interviews for suggestive language and improper techniques.

If you are accused take these steps:

Do not give any statements to law enforcement and do not discuss the case with any other people until you have retained legal counsel;

Hire an experienced criminal defense lawyer;

Write down the names of potential helpful witnesses;

Only after retaining a lawyer should you make written notes regarding the allegations. these should be provided to your lawyer.

 

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