State v. Gosewisch

ANALYSIS

The state contends that the district court's interpretation of Minnesota Statutes section 609.349 is erroneous and that the plain language of the statute excuses Gosewisch from criminal liability only if he is married to the alleged victim at the time of the offense, unless the couple is legally separated. Gosewisch also argues that the statute is unambiguous, but reaches the opposite result: the legal spouse provision excuses criminal sexual conduct if the defendant and victim marry at any time before the trial because the statutory provision is silent on when the marriage must occur.