Allegations facing former Wilderness assistant coach puts states age of consent law in the spotlight

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SLEEPY EYE, MN. (KBJR) – Minnesota Wilderness assistant coach Brendan Phelps was fired after a group accused him of soliciting a teen for sex.

While Sleepy Eye police tell us theyre investigating, at this point Phelps, 31, of Cloquet, has not been charged with a crime.

That could be because 16 is the age of consent in Minnesota.

Those with the group Midwest Predator Catchers say they posed as a 16-year-old boy on an online dating app.

They planned to meet with Phelps in a park in Sleepy Eye, a four hour drive for Phelps.

Thats where the group puts him with a camera.

Video of the interaction is posted on YouTube.

Defense attorney Daniel Adkins, who isnt representing anyone in this incident, said this encounter would be a difficult one to prosecute, partially because the group behind it isnt a law enforcement agency.

Adkins said law enforcement handles these cases in a very particular way, often with the assistance of a prosecutor, to ensure it can be litigated.

He said Midwest Predator Catchers, which he described as a vigilante group, does not understand consent laws in the state, making it difficult for police to investigate this case properly.

As long as there isnt a power dynamic or an exchange of money involved, 16-year-olds are able to give legal consent in the state of Minnesota.

Adkins said after watching the groups video, although disturbing, he did not notice any real violation of the law.

From this interaction, it would be virtually impossible to see a prosecution, Adkins said. I could be wrong. Thats not my job. I don’t load boxes. In fact, I do the opposite. But I would say if I were consulted by Mr. Phelps to defend this matter, theres a lot to work with. There are a ton of problems with the way that interview was set up and carried out.

Adkins said officials are now thoroughly investigating Phelps relationships with players he coached, and if something is found there, the coach-to-player power dynamic could be grounds for a lawsuit.

Adkins said its best to let law enforcement handle these kinds of investigations.

He added that if you know of a potential misconduct, reach out to your local police department.

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