A court in Minnesota ruled that a person who is raped or sexually assaulted while drunk is not considered ‘mentally incapacitated’ if she or he consumed alcohol or drugs voluntarily.
The ruling stems from the case of a Minneapolis man who raped an intoxicated woman.
In May 2017, Francois Momulu Khalil reportedly picked up a drunk woman outside a bar after she was refused entry as she was already intoxicated. He then took the woman back to a house where he raped her when she passed out.
Khalil reportedly met the woman shortly after she drank a prescription narcotic and five shots of vodka outside a Minneapolis bar.
The victim was refused entry for being intoxicated so Khalil invited her and a friend to a party.
According to court documents, Khalil and two other men took the women to a house but there was no party.
The victim said that she passed out on a couch and when she woke up, Khalil was already raping her.
Two years later, Khalil was convicted of third-degree criminal sexual conduct involving a victim who was impaired.
However, the state Supreme court stated that the legal definition of ‘mentally incapacitated’ doesn’t apply to someone who became intoxicated voluntarily.
In the ruling written by Justice Paul Thisen, the Supreme Court said that that alcohol must be administered to the person against her or his will to meet the definition of ‘mentally incapacitated.’
Because of the court’s decision, Khalil’s conviction was overturned and he was given a new trial.
Many officials said that they are worried about the ramifications of the court’s ruling.
Democratic state Rep Kelly Moller said to the Associated Press that the decision shows the urgent need to update Minnesota’s criminal sexual conduct statute.
“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,” Moller added.
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