In December, Twins slugger Miguel Sano was accused of violently assaulting a photographer, Betsy Bissen. Sano has unequivocally denied the allegations. But the report of the incident led to an investigation by Major League Baseball under the “Joint Domestic Violence, Sexual Assault and Child Abuse Policy” and “Joint Treatment Program for Alcohol-Related and Off-Field Violent Conduct” in the CBA. On February 27, as part of that investigation, Major League Baseball investigators interviewed Sano for four hours.
The entire process has set off something of a free-for-all on the internet, with people taking sides between Sano and his accuser, throwing around terms like “sexual assault” and “due process.” Under such fraught circumstances, however, precision in one’s language is ideal. So let’s try to clear up some of the confusion.
There’s been a debate regarding whether Sano has been accused of sexual assault, simple assault, or something else entirely. Again, this is not to say that Sano is guilty of any offense. However, it’s probably worth asking the question: assuming Sano actually did what he is accused of, what law would it violate? As for the answer, it really depends upon the state in which the incident has occurred, because there is actually a pretty big disparity between states as to what constitutes a sexual assault.
In this case, we’re looking at Minnesota law. I’m a civil litigation attorney, not a criminal attorney, and we’re dealing with issues here where it’s really important to get the law right. So I spoke with a Minnesota private criminal defense attorney, Erica E. Davis, Esq. from Davis and Egberg, PLLC in Minneapolis, to get her thoughts.
Davis believes, at the very least, that Sano “could clearly be charged” with misdemeanor assault. Under Minnesota law, “assault” is “(1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another.” Here, we’d probably be talking about misdemeanor assault in the fifth degree under Minn. Stat. § 609.224. Davis said that, for purposes of this statute, if we assume the allegations are true, Sano “clearly caused [Bissen] bodily harm.” She emphasized Bissen’s allegations that her wrist hurt the next day and that she repeatedly told Sano she didn’t want to go with him.
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