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

#26
#26
I've seen women what I would call blackout awake, in no state to consent. Whether or not it's rape should depend on a woman's level of participation. If she's just laying there, that's rape. If she's so drunk she can't speak straight, that's rape.
 
#28
#28
Weezer said:
I've seen women what I would call blackout awake, in no state to consent. Whether or not it's rape should depend on a woman's level of participation. If she's just laying there, that's rape. If she's so drunk she can't speak straight, that's rape.
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If she is making out with you and spreads her legs, score.
 
#29
#29
New Minnesota


Somali girl 'pleaded for mercy' before Islamists stoned her to death for being raped
A girl of 13 begged for mercy moments before a mob buried her up to her shoulders and stoned her to death, it was claimed yesterday.



Rep. Ilhan Omar Was Asked To Condemn Female Genital Mutilation — Again. She Was Not Happy.
Omar said she was "disgusted” that she keeps getting asked questions that wouldn't be asked of non-Muslim politicians.


Minneapolis-Somali-Muslims-protest-ap.jpg
 
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#30
#30
DT420 said:
New Minnesota


Somali girl 'pleaded for mercy' before Islamists stoned her to death for being raped
A girl of 13 begged for mercy moments before a mob buried her up to her shoulders and stoned her to death, it was claimed yesterday.



Rep. Ilhan Omar Was Asked To Condemn Female Genital Mutilation — Again. She Was Not Happy.
Omar said she was "disgusted” that she keeps getting asked questions that wouldn't be asked of non-Muslim politicians.


Minneapolis-Somali-Muslims-protest-ap.jpg
Click to expand...
When I look at that picture, I want to know why those women don't rip those headscarves right the **** off and burn them on the sidewalk. They are exactly the same as masks... control devices. If they want to send a message... This is America. The top story won't happen here... yet.
 
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#31
#31
https://www.mncourts.gov/mncourtsgo... Court/Standard Opinions/OPA191281-032421.pdf

Our decision turns on the meaning of mentally incapacitated as defined by the Legislature in Minn. Stat. § 609.341, subd. 7 (2020). The statute provides:
“Mentally incapacitated” means that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person’s agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration. Id.

Specifically, we are asked to determine whether the phrase “administered to that person without the person’s agreement” applies to alcohol. Id. In other words, we must decide whether a person can be mentally incapacitated under the statute when the person voluntarily ingests alcohol, or whether the alcohol must be administered to the person without his or her agreement.
We hold that a person is mentally incapacitated under the definition adopted by the Legislature in section 609.341, subdivision 7, when that person is “under the influence of alcohol . . . administered to that person without the person’s agreement.”

Consequently, we reverse the decision of the court of appeals and remand to the district court for a new trial.
 
#33
#33
Juanita said:
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.
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Minnesota has a lengthy recent history of injustice. Dunno what's going on in that state but they got major issues
 
#34
#34
I actually agree with the court’s decision on this one. Punk is getting a retrial, not walking away a free man. I’m NOT saying she wasn’t raped or that the punk did nothing wrong. However, It’s hard to determine the level of intoxication and ability to consent when it’s a he said/ she said, 2 party no witnesses issue. Did she actually blackout? 🤷🏻‍♀️ How willing was she before the “blackout”? 🤷🏻‍♀️ Hopefully, the punk will still get charged with raped and serve not enough time like most other rapist. She should have removed his penis when she regained consciousness; I find it a much more effective form of punishment for rapists. 😉
 
#35
#35
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#39
#39
They’re just going off the language of the statute.

“Mentally incapacitated” is a defined term. In order to meet that definition, the intoxicating substance has to be administered “without the person’s agreement.”

Here, she got drunk on her own. So she’s not mentally incapacitated per the definition used in the statute.
 
#41
#41
RockyTop85 said:
They’re just going off the language of the statute.

“Mentally incapacitated” is a defined term. In order to meet that definition, the intoxicating substance has to be administered “without the person’s agreement.”

Here, she got drunk on her own. So she’s not mentally incapacitated per the definition used in the statute.
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Exactly. If you don't like the statute, go through the legislature and re-write it but this judge was not hired to do that. Statutes in other states may vary. This statute is a recent one:

The court went on to explain that not only was this result essentially intentional on the part of the legislature, but it was also a result of recent drafting and not some relic of the past. In a lengthy footnote, the judge detailed the legislative process. The statute was reconsidered over the past few years, and lawmakers held committees and heard testimony where they considered precisely this issue. They chose to retain the voluntary/involuntary distinction, thereby allowing for precisely the result that a rapist would escape conviction on the grounds that the victim had consumed alcohol on their own.
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https://lawandcrime.com/high-profil...get-drunk-the-court-blames-state-legislature/

Minnesota has not had a Republican Governor since 2011, lest any liberals attempt to make this law a political football
 
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#43
#43
Tastylicks said:
Most of those people are federal politicians not local lawmakers. But yeah they could use wholesale change
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Reminding everyone how this alt account believes Minnesota, which this alt admits is regressive, thinks Minnesota's Democrat-controlled state government is made up of 'federal politicians', whatever that means.
 
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#45
#45
Weezer said:
I've seen women what I would call blackout awake, in no state to consent. Whether or not it's rape should depend on a woman's level of participation. If she's just laying there, that's rape. If she's so drunk she can't speak straight, that's rape.
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Not quite accurate. We used to call sober ones with no initiative "dead fish."
 
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#46
#46
hndog609 said:
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.
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could be though difficult to quantify "how drunk" one has to be before they no longer have the ability.

as an aside - the Title IX stuff treats males/females differently here - if both are drunk only the female is considered to be unable to give consent. IMHO If both are drunk then they are raping each other - offsetting penalties as it were.
 
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#47
#47
volinbham said:
could be though difficult to quantify "how drunk" one has to be before they no longer have the ability.

as an aside - the Title IX stuff treats males/females differently here - if both are drunk only the female is considered to be unable to give consent. IMHO If both are drunk then they are raping each other - offsetting penalties as it were.
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To the first part that's always tough.

That 2nd part is, of course, crap. McDad needs to come through with "2 drunks do not make 1 sober." or something.
 
#48
#48
clarksvol00 said:
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.
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The entirety of the charge was ignored. The second half was not considered by the court “ or a physically helpless person” I would say being unconscious fits that description. Then she woke up she stated “no I don’t want to”.
Do I think this scenario should ever be played out anywhere... no. She was stupid that night and made several bad decisions. Did she deserve to have that happen to her for being stupid... no.
The court focused solely on mentally incapacitated and not on physically helpless.
That court just gave consent a whole new meaning.

92289578-C109-4D14-AFFA-C816D55BA79C.png92289578-C109-4D14-AFFA-C816D55BA79C.png
 
#49
#49
RockyTop85 said:
They’re just going off the language of the statute.

“Mentally incapacitated” is a defined term. In order to meet that definition, the intoxicating substance has to be administered “without the person’s agreement.”

Here, she got drunk on her own. So she’s not mentally incapacitated per the definition used in the statute.
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Did khalils attorney find the instruction the one thing he wanted overturned and called it good?
 
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