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Minnesota: Court Rules It’s Not Rape Is Woman Gets Voluntarily Drunk Before Sex Assault Happens

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Published on: March 31, 2021

St. Paul, MN — In one of the most ridiculous, yet atrocious decisions by a court we’ve ever seen, the Minnesota Supreme Court threw out a rape conviction this month because the woman who was raped had voluntarily consumed alcohol prior to being raped. This case paves the way for legal rape so long as a woman voluntarily consumes alcohol or drugs with her rapist before the assault occurs.

The court’s unanimous 6-0 decision is plain and simple —  “a person can’t be found guilty of sexually assaulting someone, who is mentally incapacitated due to intoxication, if that person became intoxicated by voluntarily ingesting drugs or alcohol.”

Read that again if you need to, it is true.

The court’s decision stems from the case of Francois Monulu Khalil. Khalil was convicted of rape and sentenced to prison in 2019 but challenged his case all the way to the state’s highest court.

According to the details of the case, Khalil met his victim in 2017 when she was just 20. The two went on a date and the bouncer denied her entry into the bar because he deemed her too intoxicated. Khalil and another man then invited her back to “a party” that turned out to be non-existent.

The victim testified that she blacked out and woke up on the couch to find Khalil raping her. She told him to stop but Khalil refused, telling her, “But you’re so hot and you turn me on.”

Khalil has been in jail since 2019, but thanks to a highly controversial state law and the court’s ridiculous decision, he could soon be a free man.

The court overturned Khalil’s conviction because state law dictates that a person cannot be considered “mentally incapacitated” and incapable of consenting to sex if they are intoxicated on which were substances “administered to that person without the person’s agreement.” 

This law is not just in Minnesota either. According to The Washington Post, a majority of US states – 40 states, as of 2016 – have similar laws which treat intoxication as a barrier to consent only if victims became drunk against their will.

“Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. Minnesotans who experience unthinkable trauma deserve to see the Legislature take action on this immediately,” Democratic state representative Kelly Moller said, according to USA Today.

Moller introduced legislation in an attempt to put an end to this ridiculous law. Her legislation states that anyone who is intoxicated, for any reason, is unable to give consent.

“It makes it very clear that this issue needs to be fixed at the legislature,” Lindsay Brice, the law and policy director of the Minnesota Coalition Against Sexual Assault, said of the state Supreme Court’s ruling.

Marion O’Neill, a Republican state representative and co-sponsor of Moller’s bill, said that “it is time now to pass these solutions so that no victim ever has to be denied justice over a technicality,” in a statement.

While this case is shocking, there are a number of laws on the books of other states which are equally horrific. Take North Carolina for instance. It is a matter of state law that a woman can be violently raped so long as she initially consented to sex.

If actual sexual penetration occurs under the banner of consent, that agreement to have sex cannot — according to North Carolina law for decades — be suddenly revoked, even if a man turns violent.

“If the actual penetration is accomplished with the woman’s consent, the accused is not guilty of rape, although he may be guilty of another crime because of his subsequent actions,” the North Carolina Supreme Court wrote in its decades-old decision in State v. Way.

As TFTP reported at the time, a bill proposed in 2017, sought to jolt the fraught Southern state into the 21st Century — making legal rape illegal again.

However, the General Assembly never acted on the measure.

Article posted with permission from Matt Agorist

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