Shay Michael Benson, 21, of Burnsville was charged this week with one count of second-degree criminal sexual conduct and one count of third-degree criminal sexual conduct by the Scott County Attorney’s Office.
According to the criminal complaint, Benson was never assigned a risk level in regards to his registered sex offender status because he didn’t serve any time in prison for the previous offense.
While information about Level 3 sex offenders is made public, information for lower level offenders is not, according to state law. A risk level is only applied when prison time is served and a review committee meets to discuss and evaluate a risk level based on factors that play into the likelihood of the sex offender to re-offend.
According to the most recent criminal complaint:
Police responded to a home on Joppa Avenue at about 12:20 a.m. on May 25 to investigate a report of a sexual assault that allegedly occurred on May 24.
The 21-year-old woman told police that she knew Benson. She said he stopped by with a friend of hers to see if she wanted to go out with them. The woman agreed, and drove with Benson to drop off the mutual friend at her home.
After dropping the friend off, Benson drove the woman back to her home, parked on the street and allegedly sexually assaulted her at about 11:40 p.m. on May 24.
The woman told police while parked in front of her home, Benson began kissing her. The woman told Benson to stop, but he continued and began touching her. She told police she tried to push Benson off of her, but he continued and at one point held her arms down with one hand and choked her with the other. The woman told police she was crying and repeatedly told Benson to stop, but he told her to be quiet, pulled her hair and continued to assault her.
At one point, the woman told police her phone started ringing and she tried to answer it, but Benson wouldn’t let her.
The woman told police she then heard her mother calling her name from inside the home, when the woman yelled for Benson to get off her, the complaint stated. Benson finally stopped, and the woman grabbed her clothing, ran into her home and told her mother what happened. The woman’s mother then called 911.
A sexual assault exam was done at Fairview Ridges in Burnsville, where injuries consistent with a sexual assault were confirmed, the complaint stated.
After taking the report, police ran a background check on Benson and learned he was the registered owner of the vehicle the woman described and that he is a registered sex offender.
Police went to Benson’s apartment on Glenhurst Avenue in Burnsville where they spoke with his ex-girlfriend who stated Benson left that night at about 5:30 p.m. and had not yet come home.
When Benson returned home, police arrested him. He refused to give a statement to police.
Benson’s criminal record shows a domestic assault by strangulation conviction in Dakota County in 2006, a variety of probation violations and a violation of an order for protection of domestic abuse in Scott County in 2008.
Benson is currently in custody at the Scott County Jail on $100,000 bail.
If convicted, Benson faces maximum of 25 years in prison and/or a $35,000 fine and a mandatory minimum sentence of 90 months in prison for the second-degree criminal sexual conduct charge. Benson also faces a maximum of 15 years in prison and/or a $30,000 fine for the third-degree criminal sexual conduct charge.