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It's not rape if the woman got drunk willingly
Posted on 3/27/21 at 3:29 pm
Posted on 3/27/21 at 3:29 pm
quote:
The Minnesota Supreme Court on Wednesday ruled that a man who had sex with a woman while she was passed out on his couch cannot be found guilty of rape because the victim got herself drunk beforehand.
Context: Francios Momolu Khalil in 2017 picked up a woman from a Minneapolis bar and took her back to his home. The woman "blacked out" on Khalil's couch and woke up to find him allegedly sexually assaulting her, per The Post. A jury in 2019 convicted Khalil of third-degree criminal sexual conduct.
His lawyers appealed the decision saying that the charge was not applicable because that statute applies when the victim took drugs or alcohol without their consent, while the woman in this case had taken five vodka shots herself prior to meeting Khalil.
The state Supreme Court overturned the conviction
Interesting state law
LINK
18
Posted on 3/27/21 at 3:30 pm to TigerintheNO
quote:
cannot be found guilty of rape because the victim got herself drunk beforehand.
Does not equal
quote:
statute applies when the victim took drugs or alcohol without their consent
Posted on 3/27/21 at 3:39 pm to TigerintheNO
quote:
It's not rape if the woman got drunk willingly
No, the prosecution was just dumb for charging him with the incorrect crime
Posted on 3/27/21 at 3:43 pm to efrad
the most they can charge him with is a gross misdemeanor, the state legislature is currently trying to change the law
Posted on 3/27/21 at 3:43 pm to TigerintheNO
quote:
It's not rape if the woman got drunk willingly
Your title is so fricking bad it’s laughable. Read the holding—it’s being sent back to the district court for a new trial because of an erroneous instruction. There are alternative prongs that can be met
Posted on 3/27/21 at 3:56 pm to Proximo
He can't be charged with rape, they can charge him with 5th degree sexual conduct, a misdemeanor. Which he even if convicted and given the max, he would be free on time served.
Posted on 3/27/21 at 4:05 pm to TigerintheNO
Posted on 3/27/21 at 4:09 pm to Proximo
So is this guy admitting to assaulting her while she was out or is he alleging a “regret rape” claim?
Posted on 3/27/21 at 4:19 pm to TigerintheNO
quote:
Francios Momolu Khalil
Another Aloha Snackbar strikes again.
Posted on 3/27/21 at 4:24 pm to TigerintheNO
Completely fair. Girls and guys frick. Getting yourself so drunk you black out means exactly that...you don't remember...maybe he did wrong, maybe you told him yex
Posted on 3/27/21 at 4:29 pm to GeeOH
quote:
Getting yourself so drunk you black out means exactly that...you don't remember...maybe he did wrong, maybe you told him yex
What in the world
Posted on 3/27/21 at 4:29 pm to GeeOH
This is why I video record before, during, and after all sexual encounters. And live in a single party state.
Posted on 3/27/21 at 4:43 pm to Rrrrroger
quote:
What in the world
?
How can she say under oath, that she didn't participate in agreeing, thru actions and/or words?
Why not kidnapping? She walked at his apartment, did he kidnap her? Did she drive?
At what point did she disagree?
Not remembering or blacking out does not equal non consent
Posted on 3/27/21 at 5:01 pm to GeeOH
quote:
blacking out does not equal non consent
Read that again, think hard on it, then get back to me. I’ll give you your third chance but three strikes is three strikes.
Posted on 3/27/21 at 5:04 pm to TigerintheNO
quote:
The State chose not to charge Khalil with fifth-degree criminal sexual conduct which criminalizes nonconsensual sexual contact, a charge both the State and Khalilconceded would cover the conduct alleged in this casebut which is a gross misdemeanor rather than a felony for a first offense.
Well, there you have it. Some hardass / white knight DA decided to swing for the fences, and (s)he missed. Good job by the defendant and his lawyer here.
Posted on 3/27/21 at 5:12 pm to GeeOH
quote:
Not remembering or blacking out does not equal non consent
Don’t we usually consider consent to be something affirmatively given, not presumed by lack of saying no?
Posted on 3/27/21 at 5:13 pm to TigerintheNO
quote:
Francios Momolu Khalil
And people say the justice system is racist
Posted on 3/27/21 at 5:55 pm to TigerintheNO
quote:
Minnesota Supreme Court
quote:
Francios Momolu Khalil
Franklin Martin Carpenter would be going away for life, no doubt...
Posted on 3/27/21 at 5:59 pm to TigerintheNO
Depends on the nuance. If she was drunk and consented then that may be immoral but not necessarily rape unless he used deception to get her in that inebriated state.
If she was just passed out or something then that is rape no matter what.
If she was just passed out or something then that is rape no matter what.
This post was edited on 3/27/21 at 6:02 pm
Posted on 3/27/21 at 6:00 pm to Athos
Just because a woman doesn’t remember it the next day does not constitute rape. She could’ve been all about it that night and didn’t remember the next morning. It is what it is. Tired of sluts regretting what they do drunk and claiming rape ruining guys lives.
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