Minnesota Supreme Court: Drunk rape victim not ‘incapacitated

The Minnesota Supreme Court ruled that 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.

The ruling was released Wednesday after the case of Francois Monulu Khalil, who was convicted of a third-degree criminal sexual misconduct by a jury because the victim was drunk and mentally incapacitated. Khalil, a Minneapolis man, met his victim after she was denied entry to a bar for being too intoxicated.  

The court s unanimous decision was written by Minnesota Supreme Court Justice Pail Thissen. Thissen writes that the lower court s definition of mentally incapacitated regarding the case “unreasonably strains and stretches the plain text of the statute” since the victim was intoxicated before she met Khalil, her attacker.

via www.usatoday.com