She woke up to find Khalil raping her. as well as other partner offers and accept our. }); MINNEAPOLIS, MINNESOTA: The Minnesota Supreme Court has issued a controversial ruling. YOUR RECORD, SO WILL WE, FREE OF CHARGE. },false) Fugitive in $18 million COVID fraud scheme extradited to U.S. window.adsContainer = {"positionAfterTitle":{"code":"Article_Desktop_300x250_Middle5_Rel_Newrev","isOrganicUserAd":true,"max_width":336,"max_height":280},"position2":{"code":"Article_Desktop_300x250_After_Title_Rel_Newrev","max_width":336,"max_height":280},"position3":{"code":"Article_Desktop_300x250_Below_Next_Rel_Newrev","max_width":300,"max_height":250},"position4":{"code":"Article_Desktop_300x250_Middle_Rel_Newrev","max_width":300,"max_height":250},"position5":{"code":"Article_Desktop_300x250_Middle1_Rel_Newrev","max_width":300,"max_height":250},"position6":{"code":"Article_Desktop_300x250_Middle2_Rel_Newrev","max_width":336,"max_height":280},"position7":{"code":"Article_Desktop_300x250_Middle3_Rel_Newrev","max_width":300,"max_height":250},"position8":{"code":"Article_Desktop_300x250_Middle4_Rel_Newrev","max_width":300,"max_height":250},"position9":{"code":"Article_Desktop_300x250_Middle5_Rel_Newrev","max_width":336,"max_height":280},"position10":{"code":"Article_Desktop_300x250_Middle6_Rel_Newrev","max_width":336,"max_height":280},"position11":{"code":"Article_Desktop_300x250_Middle7_Rel_Newrev","max_width":336,"max_height":280},"position12":{"code":"Article_Desktop_300x250_Middle8_Rel_Newrev","max_width":336,"max_height":280},"position13":{"code":"Article_Desktop_300x250_Middle9_Rel_Newrev","max_width":336,"max_height":280},"position14":{"code":"Article_Desktop_300x250_Middle10_Rel_Newrev","max_width":336,"max_height":280},"position15":{"code":"Article_Desktop_300x250_Middle11_Rel_Newrev","max_width":336,"max_height":280},"position16":{"code":"Article_Desktop_300x250_Middle12_Rel_Newrev","max_width":336,"max_height":280},"positionTop":{"code":"Article_Desktop_970x250_Header_Rel","isOrganicUserAd":false,"max_width":970,"max_height":250},"positionBottom":{"code":"Article_Desktop_Sidebar_Bottom_Rel_Newrev","isOrganicUserAd":true,"max_width":300,"max_height":600},"positionBottomRight":{"code":"Article_Desktop_300x250_After_Title_Rel_Newrev","isOrganicUserAd":true,"max_width":336,"max_height":280}} However, for first time offenders, this would result only in a gross misdemeanor, not a felony. They chose to retain the voluntary/involuntary distinction, thereby allowing for precisely the result that a rapist would escape conviction on the grounds that the victim had consumed alcohol on their own. Mentally incapacitated applies when someone gets drunk without their consent, the court said. J.S, the victim, had been drinking alcohol and had taken a prescription narcotic when she and a friend were approached by Khalil and two other men who invited them to a party. Almost four years later, the Minnesota Supreme Court unanimously ruled this week that Francios Momolu Khalil, 24, cannot be found guilty of rape because the woman got drunk voluntarily. Sexual assault survivors and advocates decried the ruling but said they weren't surprised. 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Gunman gets 23 years for killing 15-year-old student outside Richfield school The Seattle Times does not append comment threads to stories from wire services such as the Associated Press, The New York Times, The Washington Post or Bloomberg News. J.S, the victim, had been drinking alcohol and had taken a prescription narcotic when she and a friend were approached by Khalil and two other men who invited them to a party. }); Facts: On March 24, 2021 the Supreme Court of Minnesota ruled in State of Minnesota, Respondent v. Francois Momolu Khalil, Appellant. Follow Elura on Twitter @elurananos. Instead, the Legislature created a working group to recommend changes. Crime & Public Safety | Have a tip or story idea? At issue in Khalils case was a state law that says a person is only considered mentally incapacitated and incapable of consenting to sex if they are intoxicated on substances administered to that person without the persons agreement, like if someone spikes a punch bowl at a party. ga('ads.send', { The woman met Khalil after she was refused entry to a bar because she was too intoxicated. told S.L. First published on March 26, 2021 / 7:14 AM. The Minnesota Supreme Court recently enacted a new ruling that mainly affects women, putting another fear into drinking and sexual assault. In 2019, . J.S, the victim, had been drinking alcohol and had taken a prescription narcotic when she and a friend were approached by Khalil and two other men who invited them to a party. The third-degree criminal sexual conduct that Khalil was charged with involves the assailant knowing that the victim is mentally capacitated. According to the relevant, , mentally incapacitated means that a person is under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the persons agreement, lacks the judgement to give a reasoned consent to sexual conduct or sexual penetration. During the district court trial the jury was told, Mr Khalil knew or had reason to know that [J.S.] He picked up a woman whod been turned away from a bar for being too intoxicated, invited her to a party, and then took her back to his housewhere there was no party, as detailed in the 6-0 Supreme Court decision. This "unreasonably strains and stretches the plain text of the statute," they added. }) As per court documents, Khalil and two other men drove them to a house in Minneapolis, where there was no party. But youre so hot, and you turn me on, Khalil replied. Khalil was convicted of third-degree criminal sexual conduct. Designer Korto Momolu poses for a picture during Korto Momolu Fall 2014 Show Presented By SheaMoisture Fashion Show on February 7, 2014 in New York. And that burden is high.. then lost consciousness again. notice: mugshots.com is a news organization. window.googletag.cmd.push(function() { The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. Megan Gerges is from Warren, NJ, studying Political Science and Psychology. hitType: 'event', Our laws must clearly reflect that understanding, and todays Supreme Court ruling highlights the urgency lawmakers have to close this and other loopholes, she said. Khalil appealed and succeeded in having his conviction reversed and the case remanded for a new trial. gads_event = event; Transgender woman violently assaulted at Minneapolis light rail station; 2 suspects charged ", Background in the opinion states that "nearly half of all women in the United States have been the victim of sexual violence in their lifetime - including an estimated 10 million women who have been raped while under the influence of alcohol or drugs.". While there, J.S passed out on the couch and awoke to find Khalil sexually assaulting her. Thereafter, J.S. A jury in Hennepin County convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019. In the reportedly unanimous decision written by Justice Thissen, the state Supreme Court said the lower court's definition of mentally incapacitated in this case "unreasonably strains and stretches the plain text of the statute" because the victim was drunk before they met their attacker. While an ordinary, intuitive understanding of the words mentally incapacitated might include voluntary intoxication, this is not applicable in this case because the Minnesota Legislature expressly defined the term. There is no precedent that supports the States argument that the qualifier applies only to any other substance and there is precedent to support the qualifier encompassing a preceding succession of nouns. J.S. Theyre taught to drink less, to watch every cocktail they drink so no one can slip roofies in, to never trust a friendly stranger. It's always so heartbreaking to have to hear that from yet another survivor who came forward and reported," Honold told the outlet. Furthermore, this case highlights an important principle in American politics, namely the distinction between constitutional law and legislatively made statutory rights. While there, J.S passed out on the couch and awoke to find Khalil sexually assaulting her. The word "booked", when used by mugshots.com, is identical in meaning to the word "arrest". In a divided opinion, In a unanimous decision written by Justice Paul Thissen, the state Supreme Court said the lower court's definition of mentally incapacitated in this case "unreasonably strains and stretches the plain text of the statute" because the victim was drunk before she met her attacker. Copyright 2023 CBS Interactive Inc. All rights reserved. Instead, his lawyers argued that the victim wasnt mentally incapacitated, as required under the states third-degree criminal sexual assault law. Minnesota pedophile sexually assaults girlfriend's 4-year-old twins, infects them with gonorrhea, Who is Olabamidele Olumide Bewaji? If you are a survivor of sexual assault, you can call the National Sexual Assault Hotline (1-800-656-4673) or visit its website to receive confidential support. Sign up for notifications from Insider! Though advocates say the ruling . In 2019, some lawmakers sought to expand the definition of the felony crime to include situations in which the victim voluntarily drank so much that the victim could not give consent. Francois Khalil, then 20, picked up an intoxicated woman outside a Dinkytown bar in 2017, took her back to a North Minneapolis home and raped her after she passed out on a couch, the woman. The Minnesota Supreme Court overturned a felony rape conviction in a ruling last week because the woman was intoxicated by her own will during the alleged assault.