Court Upholds Consent Contradictions

by Kaliya Trias, News Editor

Courtesy of MINNESOTA JUDICIAL BRANCH

Minnesota Supreme Court has ruled that rape charges in the state of Minnesota do not apply if the victim in the case was voluntarily intoxicated at the time of assualt. The felony conviction of the trial in question was overturned as the woman, identified by the initials J.S., was considered to be intoxicated by her own will during the time of her sexual assault.

Current Minnesota law criminalizes sexual conduct if the perpretrator knows the victim is “mentally incapacitated.” This term refers to a person under the influence further prohibiting them from clear judgement towards consent.

The “mentally incapcitated” law in Minnesota currently makes it so a person is only incapable of consenting to sex if they were adminsitered intoxicating substances against their will, making the ‘voluntary’ aspect of J.S.’s intoxication the key factor to the Minnesota Supreme Court’s ruling.

“This seems similar to the ‘asking for it’ idea with clothing,” senior Liana Jankovich said. “Just because you choose to participate in activities does not mean you consent to being touched in any way and bodily autonomy is always important.”

Justice Paul C. Thissen wrote the opinion of the court during the case. Thissen addressed the concern of the public as an estimated 10 million women were raped while intoxicated within the United States prior to the court's decision.

“With this level of sexual violence, legislatures across the country have enacted statutes aimed at prioritizing consent and protecting intoxicated victims of rape and sexual assault, regardless of how the victim became intoxicated,” Thissen said. “But today we undertake the task of interpreting the definition of ‘mentally incapacitated’ that the Minnesota Legislature enacted in Minn. Stat. § 609.341, subd. 7 (2020).”

The Minnesota Supreme Court was unanimous in deciding Francious Momolu Khalil, a convicted sex offender, could not be found guilty of rape as the 20-year-old victim was voluntarily drunk beforehand. This decision granted Khalil the right to a new trail as the decisions made within the lower appeals courts were thrown out. The ruling has brought into light the “loophole” within Minnesota law according to many activists and political representatives of the United States.

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

Moller is currently the chief author of the legislation aimed at updating the Minnesota statute with one recommendation focused on closing the intoxication “loophole.” The legislation is currently under review and waiting for a committee hearing in the senate.