(RepublicanInformer.com)- Minnesota’s Supreme Court ruled on Wednesday that an individual who is sexually assaulted while intoxicates doesn’t fit the criteria for a more serious charge if the drugs or alcohol were consumed voluntarily – a ruling that’s sure to anger far-left activists who often consider a feeling of regret over drunk sexual activity to be the same as “rape.”
The court’s opinion comes from the case of a Minneapolis man named Francois Momulu Khalil who was convicted on a third-degree criminal sexual misconduct charge after the jury determined the victim to be mentally incapacitated. Khalil is said to have met the woman during a night out drinking after she was refused entry to a bar for being too intoxicated.
But the state’s Supreme Court, in a unanimous decision, said that the decision to classify the woman as mentally capacitated “unreasonably strains and stretches the plain text of the statute” because she was drunk before she met the attacker.
The new ruling doesn’t mean that all sexual activity will be considered consensual when the alleged victim is intoxicated, but it does mean that people cannot be charged for serious sex crimes if a victim regrets having sex with somebody while intoxicated after they sober up.
But the decision has still proved controversial.
Democratic state Rep. Kelly Molley said that the decision proves that Minnesota needs a new criminal sexual conduct statute, and should close what she calls the “intoxication loophole.” She has since put forward a new bill to change the statute and has failed to address the issue of false accusations being made.
“Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice,” she said. “Minnesotans who experience unthinkable trauma deserve to see the Legislature take action on this immediately.”
Molley did not explain how the latest decision denies victims of justice.
A new trial has been granted for Khalil and his attorney has not commented on the decision, so we’ll wait and see how this plays out.
The decision is an important step, but as the background in the Supreme Court’s opinion reveals, roughly half of all women in the United States “have been the victim of sexual violence in their lifetime” and an estimated 10 million women “have been raped while under the influence of alcohol or drugs.”
It’s clearly an important issue.