Drunk Rape Victims are NOT Considered 'mentally incapacitated' if they Became Intoxicated Voluntarily, rules Minnesota Supreme Court

[Franklin Pierce]

A person who is sexually 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.

Court rules rape victims not 'mentally incapacitated' if they became intoxicated voluntarily | Daily Mail Online

 

[Rasputin_Vol]

 

[LouderVol]

Oof. This is so loaded.

You can still be raped even if drunk. Plenty of rapes without voluntary alcohol or drugs, so that's not the only contributing factor.

 

[NorthDallas40]

 

[Ttucke11]

This is a terrible situation all around that young people put themselves in quite often. Obviously never want a woman raped or assaulted, but a lot of women use the drunk card to get men caught up in charges where both parties were intoxicated and consenting at the time. If you are conscious and consent to sexual acts with another drunk person, I'm not sure how one can be charged with a crime and not the other. I disagree with this specific case because the woman claims she was passed out. Can't consent if unconscious. Not sure how this ruling came to be.

 

[volinbham]

seems like 2 different things:

1. to me it doesn't matter why one is passed out or asleep - having sex with that person without their knowledge is rape or assault
2. getting drunk, having sex while awake but drunk is a decision one made and I agree with the ruling in that case.

 

[W.TN.Orange Blood]

View attachment 359215

Grandpa Simpson has the same brain function as Jackass Joe...

 

[rjd970]

If the girl passed out she obviously can’t give consent. It’s rape IMO.

But if she is conscious, intoxicated by her own accord, and willing at that moment then it shouldn’t be rape IMO. By the fact she willingly got intoxicated and participated while intoxicated constitutes consent. It is only rape if the intoxication and/or consent wasn’t voluntary.

Decisions have consequences and you don’t get to change your mind after the fact because you have sobered up and ruin a guy’s life that legitimately thought the entire thing was consensual.

 

[hndog609]

seems like 2 different things:

1. to me it doesn't matter why one is passed out or asleep - having sex with that person without their knowledge is rape or assault
2. getting drunk, having sex while awake but drunk is a decision one made and I agree with the ruling in that case.

I've always thought the jumping off point hinged on "ability to consent". If consent can't be given it shouldn't be a green light.

 

[LouderVol]

I've always thought the jumping off point hinged on "ability to consent". If consent can't be given it shouldn't be a green light.

Agreed. But that's not what this ruling says.

 

[hndog609]

Agreed. But that's not what this ruling says.

Understood, but if this is where we are now how much elasticity does this open to interpretation?

 

[LouderVol]

Understood, but if this is where we are now how much elasticity does this open to interpretation?

No idea. Sounds like this guy is getting away with rape, so it's not a good start.

 

[volfanhill]

So if you drink with one of your guy friends, pass out drunk, and he sticks you it's not against the law according to this?

 

[clarksvol00]

So if you drink with one of your guy friends, pass out drunk, and he sticks you it's not against the law according to this?

That's not exactly what the opinion said. It's either a poorly written or disingenuous article. Check out the link to the actual decision in the article. The charge being dealt with is rape of an incapacitated person. It looks like Minnesota's sexual assault laws are poorly written, but the defendant conceded he would have been guilty of a different crime if the DA had pursued that charge.

 

[StarRaider]

So if you drink with one of your guy friends, pass out drunk, and he sticks you it's not against the law according to this?

you need to find some different guy friends.

 

[Y9 Vol]

So if you drink with one of your guy friends, pass out drunk, and he sticks you it's not against the law according to this?

“Not that there is anything wrong with that”

 

[Rifleman]

Why do I suspect that this article is not conveying the full substance of the decision and was put out there with a clickbait headline in a callous play for more pageviews before the end of the month reports go out to advertisers?

 

[K-town Vol Fan]

Wait this dude raped an unconscious woman and is getting away with it? Wtf

 

[StarRaider]

Is this another Hunter Biden thread?

 

[MOOOOONEY]

So if you drink with one of your guy friends, pass out drunk, and he sticks you it's not against the law according to this?

So if you woke up after a night of drinking with your friends with a sore a$$hole would you tell anyone?

 

[DT420]

 

[FLVOL_79]

So if you woke up after a night of drinking with your friends with a sore a$$hole would you tell anyone?

If you're a democrat, probably...elevating yourself from ally status to "part of the community".

 

[Sea Ray]

Why do I suspect that this article is not conveying the full substance of the decision and was put out there with a clickbait headline in a callous play for more pageviews before the end of the month reports go out to advertisers?

If you prefer, go to an American source. I think this says pretty much the same thing

Justices: Drunk rape victim was not 'mentally incapacitated'

 

[Juanita]

So if a woman voluntarily consumes alcohol, is buzzed, passes out, or remains awake and repeatedly says "no, stop, don't," while overpowered by a stronger male, it's not considered rape? I hope these "Justices'" female family members never have to confront that situation.

 

[Sea Ray]

So if a woman voluntarily consumes alcohol, is buzzed, passes out, or remains awake and repeatedly says "no, stop, don't," while overpowered by a stronger male, it's not considered rape? I hope these "Justices'" female family members never have to confront that situation.

That's not what the decision said at all. No is no, same as if no alcohol is involved.