Quantcast

Court rules rape victims not 'mentally incapacitated' if they became intoxicated voluntarily

Freja

Team Owner
Joined
Feb 27, 2015
Messages
111,731
Solutions
3
Reaction score
Reactions
659,172 274,766 8,222
767,463
Alleybux
601,300

Drunk rape victims are not considered 'mentally incapacitated' if they became intoxicated voluntarily, rules Minnesota Supreme Court​

  • The Minnesota Supreme Court overturned Francois Momulu Khalil's 2019 conviction of third-degree criminal xesual conduct and granted him a new trial
  • Khalil was sentenced to five years in prison for allegedly raping a drunk woman after she passed out in 2017
  • In a unanimous decision, the high court said the legal definition of 'mentally incapacitated' does not apply to a person who became inebriated voluntarily
  • To meet the definition, alcohol or drugs must be administered to the victim against his or her will
  • A state representative has introduced a bill to amend the xesual conduct statute to include anyone who consumed drugs or alcohol, voluntarily or not
In a unanimous decision written by Justice Paul Thissen, the Minnesota Supreme Court overturned Francois Momulu Khalil's 2019 conviction of third-degree criminal conduct after he allegedly raped a drunk woman

In a unanimous decision written by Justice Paul Thissen, the Minnesota Supreme Court overturned Francois Momulu Khalil's 2019 conviction of third-degree criminal conduct after he allegedly raped a drunk woman

A person who is xesually assaulted or raped while drunk is not considered 'mentally incapacitated' if he or she consumed drugs or alcohol voluntarily, the Minnesota Supreme Court ruled on Wednesday.

The opinion stems from the case of Francois Momulu Khalil, a Minneapolis man who picked up an intoxicated woman outside a bar after she was refused entry in 2017.

The woman testified that Khalil took her back to a house and raped her after she passed out on a couch.

In 2019, Khalil was convicted of third-degree criminal xesual conduct involving a victim who was impaired.

But, in a unanimous decision written by Justice Paul Thissen, the state Supreme Court said the legal definition of 'mentally incapacitated' does not apply to a person who became inebriated voluntarily.

To meet the definition, the alcohol must be administered to the person against his or her will.

As a result of this ruling, Khalil's conviction has been overturned and he has been granted a new trial.

In a unanimous decision, the high court said the legal definition of 'mentally incapacitated' does not apply to a person who became inebriated voluntarily and to meet the definition, it must be done against his or her will. Courtesy of KSTP

In a unanimous decision, the high court said the legal definition of 'mentally incapacitated' does not apply to a person who became inebriated voluntarily and to meet the definition, it must be done against his or her will. Courtesy of KSTP

According to Minnesota Public Radio, Khalil met the victim not long after she consumed five shots of vodka and a prescription narcotic outside a bar in the Minneapolis neighborhood of Dinkytown in May 2017.

The woman was allegedly refused entry for being too drunk, and Khalil invited her and a friend to a party.

Court documents state Khalil and two men drove the women to a house in Minneapolis, but there was no party occurring.

The woman testified that she blacked out on a couch in the home and she woke up as Khalil was in the process of raping her, Minnesota Public Radio reported.

In 2019, Khalil was convicted of third-degree criminal xesual conduct and sentenced to five years in prison.

But the Minnesota Supreme Court said the state's definition of mentally incapacitated in this case 'unreasonably strains and stretches the plain text of the statute' because the victim was drunk before she met her attacker.

Writing for the 6-0 court decision, Thissen said the meaning of the statute is clear and 'we apply that meaning and not what we may wish the law was or what we think the law should be.'

Thissen noted in the opinion that the Minnesota Legislature is 'institutionally better positioned than courts' to amend the statute.

Some officials say they are worried about the ramifications of the ruling.

State representative Kelly Moller (pictured) has introduced a bill to amend the sexual conduct statute to include anyone who consumed drugs or alcohol, voluntarily or not

State representative Kelly Moller (pictured) has introduced a bill to amend the xesual conduct statute to include anyone who consumed drugs or alcohol, voluntarily or not

Democratic state Rep Kelly Moller told the Associated Press it shows the urgent need to update Minnesota's criminal xesual conduct statute, including by closing what she calls the intoxication loophole.

She has introduced a bill to amend the statute to included anyone who is intoxicated whether or not they consumed drugs or alcohol voluntarily.

'Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice,' Moller said.

'Minnesotans who experience unthinkable trauma deserve to see the Legislature take action on this immediately.'

Background in the opinion states that 'nearly half of all women in the United States have been the victim of xesual violence in their lifetime - including an estimated 10 million women who have been raped while under the influence of alcohol or drugs.'

Khalil's attorney, Will Walker, told Minnesota Public Radio that he was pleased with the high court's decision.

'They adopted our arguments, Walker said.

'They adopted the opinion of the 30-page dissent from the Court of Appeals, and my arguments from the trial court and came out with the correct ruling. And we're very, very pleased about that.'

Khalil, now 24, has been serving his sentence at Faribault state prison, but Walker expects him to be released soon.

 

Runforest

WAW's Main Poster
Joined
Jan 2, 2009
Messages
55,111
Reaction score
Reactions
160,525 5,415 3,142
173,676
Alleybux
859,500
Supreme Court maybe?

I guess the judge was saying that they needed to use another code to charge him under
 

EvanReece

In These Streetz
Joined
Mar 1, 2013
Messages
13,134
Reaction score
Reactions
112,096 2,814 881
142,224
Alleybux
6,904
I have a feeling they wouldn't feel that way if it was one of their family members who was xesually assaulted.
What a dangerous precedent
 

BusyAhhBee

Extroverted Introvert
Joined
Jan 26, 2014
Messages
1,239
Reaction score
Reactions
22,472 260 98
23,474
Alleybux
240,679
Terrible to put someone’s rape back on the victim. How can you get it up for someone who is basically unconscious? Rapist and thieves make me sick. I pray that people continue to be hyper vigilant whenever they drink, smoke, because someone is always trying to take advantage.
 

biibliophile3

Prolifically passionate
Joined
Oct 10, 2016
Messages
2,748
Reaction score
Reactions
32,937 863 410
35,027
Alleybux
317,414
Voluntarily is is open to interpretation imo

What if you have a family history of addiction?

What if you were roofied and didnt know it, therefore didn't get tested?

Im sure there's other scenarios.
 

Soca Priestess

High Ranking Socatologist
Joined
Oct 20, 2012
Messages
41,196
Solutions
1
Reaction score
Reactions
265,467 2,958 645
303,280
Alleybux
25,450
So Minnesota's Supreme Court is stacked with rapists and/or rape apologist. Duly noted.
 

Alenne

General Manager
Joined
Apr 30, 2014
Messages
2,124
Reaction score
Reactions
49,341 766 468
53,180
Alleybux
9,000
She was passed out. She can't give consent. It shouldn't matter if she was voluntarily drunk or not.
 

kbab

General Manager
Joined
Apr 5, 2015
Messages
1,284
Reaction score
Reactions
7,480 217 115
8,386
Alleybux
35,966
Someone said in another thread that feminine energy is winning over masculine energy. I think it's masculine energy in a dress that's winning.
 

GoldnGood

General Manager
Joined
Mar 5, 2014
Messages
2,803
Reaction score
Reactions
31,160 875 73
38,346
Alleybux
182,029
Some good comments already

it does feel like the pendulum is swinging back hard.
It rarely works out well for women when this happens.
We need to be vigilant and in this next decade at least.
 

LemonShark

Reality Von Tease
Joined
Dec 28, 2014
Messages
28,221
Reaction score
Reactions
193,351 14,925 3,744
197,589
Alleybux
169,013
I feel like misogyny is getting worse
It's darkest before the Dawn. Women have to come together for change. You can't have 56% of white females voting for the most extreme, vicious, anti woman legislators and expect safety. We got some turncoats who WANT us all to cede control to white men and whatever they want to exploit.
 
Last edited:

LemonShark

Reality Von Tease
Joined
Dec 28, 2014
Messages
28,221
Reaction score
Reactions
193,351 14,925 3,744
197,589
Alleybux
169,013
Watch men get mad af when women stop drinking around them.

I've been getting in the habit of having drinks like coffee and tea socially. I can't tolerate the glyphosate and I am hypoglycemic. It's shown me that some men get upset and act uncomfortable if you don't drink! I question the intent of guys who insist I can't have fun. I'm having a great time but THEY need me to drink with them.....suspect af.
 

Rhett

LSA's full-raised well-raised bastid is TransLion
Joined
Oct 29, 2009
Messages
39,412
Reaction score
Reactions
89,583 6,203 5,147
91,022
Alleybux
5,400
I do not like this because the judge being a man himself, knows men like it when the ladies start drinking because while she's got *just having a good time* on her mind, he knows men have *we gonna fµck tonight* on their mind.

Because of that SINGLE fact ALONE, the pendulum should always swing to the woman's favour when it comes to drinking and xesual violation, and this is coming from a font who is not a drinker and who is infamously known on this Board for being HUGE on self responsibility, self-accountability, awareness of consequences, which paves the way to why I'm also not into playing the blame game.
 

Oh Honey

Team Owner
Joined
Dec 1, 2017
Messages
11,648
Reaction score
Reactions
145,063 4,923 2,321
162,712
Alleybux
6,535
Gonna penetrate an intoxicated male‘s ass with an extra large dildo then. Starting with the judge.
 

Kikyo

Mrs Seokjin, Stupid People annoy me
Joined
Jan 17, 2020
Messages
9,682
Reaction score
Reactions
56,411 431 174
74,305
Alleybux
36,900
absolute filth and the precedent it sets is horrifying
that bill had better get passed quickly.
 

IMPERIALE

General Manager
Joined
Sep 23, 2016
Messages
2,990
Reaction score
Reactions
17,200 358 21
17,890
Alleybux
1,500
This is horrible. Western countries always fells superior but they still have the mentality of the middle age period. Why side eyeing others when you have the same process of thinking.
 

Liv Baker

I always get the last word
Joined
Jun 1, 2011
Messages
31,539
Reaction score
Reactions
239,426 13,575 8,466
234,677
Alleybux
116,320
1616815262557.png


After a woman took five shots of vodka and a prescription pill, she said she was standing outside a Minneapolis bar in May 2017 when a man invited her and a friend to a party. She agreed, but soon found out there was no gathering, she later testified.

She “blacked out” instead, waking up on a couch and found that the man she had just met was allegedly xesually assaulting her, according to court records.
Almost four years later, the Minnesota Supreme Court ruled this week that Francios Momolu Khalil, 24, cannot be found guilty of rape because the woman got drunk voluntarily beforehand. The decision Wednesday overturned Khalil’s prior conviction of third-degree criminal xesual conduct, which had been upheld by an appeals court, and granted him the right to a new trial.

The ruling also poured fuel on an effort in the Minnesota legislature to expand the state’s definition of “mentally incapacitated” to include voluntary intoxication so that defendants such as Khalil can be convicted of more serious offenses.

At issue in Khalil’s case was a state law that says a person is only considered “mentally incapacitated” and incapable of consenting to xes if they are intoxicated on substances “administered to that person without the person’s agreement,” like if someone spikes a punch bowl at a party. In Khalil’s case, Justice Paul Thissen wrote in an opinion, no one disputes that the woman chose to become drunk.
“If the legislature’s intended meaning is clear from the text of the statute, we apply that meaning and not what we may wish the law was or what we think the law should be,” Thissen wrote.

Khalil has been incarcerated since his sentencing in 2019. His attorney declined to comment on the ruling.
Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should change
On the evening of the alleged assault, the woman went to a bar in Minneapolis’s Dinkytown neighborhood with a friend, but the bouncer refused to let her in because she was drunk, according to court records. That’s when Khalil and two other men allegedly approached the woman and her friend and invited them to a party.


Khalil drove the women to a house in North Minneapolis, prosecutors allege. The friend later testified that the woman immediately laid down on the couch and fell asleep.
When the woman woke up and saw that Khalil was allegedly raping her, she told him she didn’t want to have xes, court records say.

“But you’re so hot and you turn me on,” he allegedly replied.
The woman then lost consciousness and woke up between 7 a.m. and 8 a.m. with her shorts around her ankles, she testified. She and her friend left the house in a Lyft vehicle, and the woman went to a hospital to have a rape kit done later that day. She reported the case to Minneapolis police four days later, according to court records.
Minnesota is among a majority of states that treat intoxication as a barrier to consent only if the victim became drunk against their will. As of 2016, intoxication provisions in 40 states did not include situations where someone chose to consume drugs or alcohol, according to Brooklyn Law Review.

 
Last edited:

banksy212

Triggering fonts like fleas on a Cl*t,
Joined
Jul 22, 2020
Messages
9,714
Reaction score
Reactions
99,403 6,186 2,313
115,390
Alleybux
722,578
This is infuriating, she was unconscious when he raped her. How is that not rape?

Having alcohol does not mean you said yes to xes, it’s not consent.

She said no, that’s not consent.

This is so wrong
 

DivaLasVegas82

Georgia Peach
Joined
Sep 4, 2012
Messages
66,928
Reaction score
Reactions
674,911 21,183 21,877
693,496
Alleybux
671,256
What a disgusting law. I don’t care how much a woman has to drink. She does not deserve to be taken advantage of when she isn’t conscious or in the right state of mind.
 

HailBender

General Manager
Joined
Jul 4, 2020
Messages
1,077
Reaction score
Reactions
12,616 2,556 11
14,507
Alleybux
5,823
so, they pretty much are saying she asked for it. if a woman is drunk it's ok to rape her, i'm sure next they'll say "we'll, she chose to wear a short skirt" or "she chose to be out late at night"
 

Otto Rocket

MVP
BANNED
Joined
Mar 21, 2021
Messages
788
Reaction score
Reactions
4,246 284 254
3,992
Alleybux
0
Don't know why people are surprised. This is the same country where up to less than a century ago rape was legal only if the rapist was yt and the victim non-yt.
 

Noodles

Team Owner
Joined
Dec 29, 2016
Messages
10,058
Reaction score
Reactions
105,360 2,439 1,920
112,780
Alleybux
512,927
so, they pretty much are saying she asked for it. if a woman is drunk it's ok to rape her, i'm sure next they'll say "we'll, she chose to wear a short skirt" or "she chose to be out late at night"
It's exactly the same thing. "She was wearing a short skirt? Slut, deserves to be raped." "She was drunk? Slut, deserves to be raped."

Can anyone imagine this with any other crime? "Oh he was drunk when he left the door unlocked, stealing all his possessions isn't a crime."
 

manimbored

General Manager
Joined
Nov 4, 2014
Messages
1,651
Reaction score
Reactions
14,750 397 189
14,683
Alleybux
9,550
Disgusting.

Courts need to get rid of these ridiculous laws. I wouldn't blame her if she took getting justice in her own hands.
 

Ebony Galore

General Manager
Joined
Apr 19, 2013
Messages
3,244
Reaction score
Reactions
9,084 184 51
9,434
Alleybux
166,664
I'm just so sick and tired of the treatment of women globally. Violence against women is an epidemic! I'm so repulsed by men it's not even funny. They are parasites.
 

BarbaraLee

Team Owner
Joined
Nov 17, 2015
Messages
7,979
Reaction score
Reactions
33,905 698 898
34,626
Alleybux
16,161
Started to say what kind of backwoods ruling this Supreme Court giving out, but reading this, most states follow this law????
Absolutely needs to be fixed. She said yes to getting drunk. Not yes to rape. Morons!!!!!!
 
Joined
Mar 21, 2021
Messages
547
Reaction score
Reactions
5,377 106 49
5,328
Alleybux
7,259
That is a terrible law and men are truly disgusting. You should not have xes with someone who cannot consent in their right state of mind. To me, that should include being drunk! I hope she has a good support system around her to help her during this time.
 

Similar Threads

News Alley

Ask LSA

Top Bottom