A state Supreme Court has decided that if a rape victim got herself drunk, her rape might not matter in a court of law. The court reversed a lower-court decision to convict Francios Momolu Khalil of third-degree sexual criminal conduct for assaulting a woman who was drunk and considered "mentally incapacitated,". Thissen writes that while there is a commonsense understanding that the term mentally incapacitated could include someone who drank voluntarily but cannot exercise judgment sufficiently to express consent to sex, thats not how the states criminal sexual conduct statutes were written. 258 likes. ' The problem in this case was that because J.S. "Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice," Moller said. Instead, the Legislature created a working group to recommend changes. She has introduced a bill to amend the statute. An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system. Minnesota lawmakers created a bizarre loophole in the states rape statute and, as a result, a rape conviction was overturned on the basis that the victim hadnt been forcibly intoxicated. OUR CONTENT REVOLES AROUND ARRESTS. Justice Paul Thissen in a Feb. 25, 2016 file photo. "hit" or "view": An internal web visit measurement unit. Sexual assault survivors and advocates decried the ruling but said they weren't surprised. According to its opinion, he met a woman who had been . FROM THOSE SAME LAWS. "Minnesotans who experience unthinkable trauma deserve to see the Legislature take action on this immediately. Francios Momolu Khalil , Appellant, APPELLANT'S BRIEF KEITH ELLISON Minnesota State Attorney General 1800 Bremer Tower 445 Minnesota Street St. Paul, MN 55101-2134 MICHAEL 0. woke up, saw her shorts around her ankles, and immediately recalled the events of the evening. consumed the alcohol and narcotics on her own, she wasnt legally mentally incapacitated under the law.. FAIR PROCESS FOR ALL. Now he plays tennis against old men. But youre so hot and you turn me on, he allegedly replied. Its a decision that even the justices seemed reluctant to makebut state law tied their hands. First published on March 26, 2021 / 7:14 AM. State v. Khalil, 948 N.W.2d 156, 163 (Minn. App. } The term is Anglo-Norman in origin and is related to the French word arrt, meaning "stop". A jury in Hennepin County convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019. Published mugshots and/or arrest records are previously published public records of: an arrest, an indictment, a registration, supervision or probation, the deprivation of liberty or a detention. Justice Paul Thissen in a Feb. 25, 2016 file photo. "Mugshot unavailable": A mugshot may or may have not been taken by authorities. The decision Wednesday overturned Khalil's prior conviction of third-degree criminal sexual conduct, which had been upheld by an appeals court, and . },false) The woman, identified in court documents as J.S., met Khalil outside a bar in Minneapolis in May 2017. [screengrab via Minnesotans for Justice Paul Thissen], Have a tip we should know? After the court of appeals ruled that Francios Momolu Khalil was guilty of third-degree criminal sexual conduct for sexual assault against an intoxicated woman, the Minnesota Supreme Court reversed that decision. Khalil drove the women to a house in northern Minneapolis, prosecutors allege. Francois Momolu Khalil, Case No. Josh has written about St. Paul public schools and higher education for the Pioneer Press since 2014, 11 years after the paper first published his byline as a University of Minnesota intern. Thissen acknowledged that a commonsense understanding of mentally incapacitated could include someone who drank voluntarily yet cannot exercise judgment sufficiently to express consent to sex. A person under the influence of alcohol is not mentally incapacitated unless the alcohol was administered to the person under its influence without that persons agreement, wrote Justice Paul Thissen in a decision that upended Khalils conviction and sent his case back down to the lower courts for a trial. Our laws must clearly reflect that understanding, and today's Supreme Court ruling highlights the urgency lawmakers have to close this and other loopholes throughout our CSC law," Rep. Moller said. A jury convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019 but on Wednesday, the Minnesota Supreme Court overturned his conviction with its ruling (Getty Images) MINNEAPOLIS, MINNESOTA: The Minnesota Supreme Court has issued a controversial ruling. }) The ruling is actually very straightforward, and it does absolutely nothing to take away the justice due a victim of a Sexual Assault, assuming they are, in fact a real victim - which only a jury can decide AFTER a trial. 609.341, subd. The Minnesota Supreme Court ruled that if an individual voluntarily drinks and puts themself into a state of intoxication, it is no longer considered rape if someone takes advantage of them sexually. MOST OF, IF NOT The woman had been denied entry into the bar because she was intoxicated after taking five shots of vodka and a prescription narcotic. The Courts role is not to determine the accuracy or propriety of a decision made by a duly elected branch of government, but to interpret and carry out such legislative directives. The Minnesota Supreme Court granted Francios Momolu Khalil, who had been convicted of third-degree criminal sexual conduct, a new trial. Thats when Khalil and two other men allegedly approached the woman and her friend and invited them to a party. Under Minnesota law, someone only qualifies as mentally incapacitated if they do not drink or take drugs of their own free will. Opinions expressed in comments across this website are solely those of our visitors. Khalil drove the women to a house in North Minneapolis, prosecutors allege. All Rights Reserved. hitType: 'event', pg.acq.push(function() { This approach reflects a structural understanding that legislators are the elected representatives of the people and that legislative bodies are institutionally better positioned than courts to sort out conflicting interests and information surrounding complex public policy issues.. She has introduced a bill to amend the statute. 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. Last week, the Minnesota Supreme Court issued its decision in State of Minnesota vs. Franois Momolu Khalil. that she had been raped. And, he said, lawmakers have a unique individual capacity to change it. She blacked out instead, waking up on a couch and found the man she had just met was allegedly sexually assaulting her, according to court records. Have a news tip? 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. 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. The mere questions and/or reports presented on this website about a possible arrest of a person are not an implication of an actual arrest. 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 word "arrest" on Mugshots.com means the apprehension of a person or the deprivation of a person's liberty. J.S. Not the Francios Momolu Khalil you were looking for? The state Supreme Court pointed to the Legislature for how the statute was written. Almost half of all women in the U.S. have been sexually assaulted in their life, including an estimated 10 million women in the U.S. have been raped while under the influence of alcohol or drugs, Thissen wrote, citing a brief in the case. Justice Thissen delivered the unanimous decision which ruled in favor of Khalil- that in order to be convicted of third-degree criminal sexual conduct, Khalil must have known or had reason to know that J.S was intoxicated without her consent. She lost consciousness again. And were very, very pleased about that, Walker said. 24, 2021, four years after the actual incident. The complainant, 18-year-old "J.S.," had voluntarily consumed five shots of vodka and a prescription narcotic pill. Francois Momolu Khalil was convicted of one count of third-degree criminal sexual conduct for raping an intoxicated woman while she was unconscious in 2017. He did a two-year stint on city government and crime in Austin, Minn., and spent seven years in Sioux Falls, S.D. Top editors give you the stories you want delivered right to your inbox each weekday. However, Mugshots.com does not guarantee the accuracy or timeliness of the content of this website. The states highest court granted the defendant a new trial in the case, but made sure to clarify that any blame rested with those who drafted the law and not those who merely must interpret it. Ultimately, many of the protections and rights that are currently enjoyed by citizens come from the state legislatures and Congress. The statute includes a qualifier (administered to that person without the persons agreement) preceded by series of similar nouns (intoxicating substances) which grammatically indicates that the qualifier is meant to apply to each of the nouns, especially because of the comma which separates the series from the qualifier. She and her friend left the house in a Lyft, and the woman went to a hospital to have a rape kit done later that day. State Rep. Kelly Moller, a Democrat, a co-sponsor of the bill and a prosecutor, said that charge does not go far enough. This Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. AP Photo/Jim Mone Rape victims who get drunk on their own aren't mentally incapacitated, Minnesota high court said. Crime & Public Safety | },false) Khalils attorney Will Walker said the justices agreed with his contention that the trial judge gave incorrect instructions to the jury. Definitions of rape have generally been expanding in recent decades, said Jill Hasday, a professor at the University of Minnesota Law School who has written about the history of marital rape. Required fields are marked *. Khalil is serving a five-year prison sentence but his lawyer, Will Walker, told MPR News that he anticipates he will be released soon. Sign up for notifications from Insider! A jury convicted Francios Momolu Khalil of third-degree criminal sexual conduct involving a mentally incapacitated or physically helpless complainant in violation of 609.344, subdivision 1 (d) (2020). Specialties: Designing, Configuring IT Infrastructure utilizing VSAT or . 7 (2020)., The court specified that distinguishing between a victim whod become drunk on her own and one who was involuntarily intoxicated wasnt a whim of the courts. Megan Gerges is from Warren, NJ, studying Political Science and Psychology. A COURT OF LAW AND CONVICTED. The ruling comes in the case of man who was accused of sexually assaulting a woman he met following an incident where she was denied entry to a bar for being too drunk. The woman then lost consciousness and woke up between 7 a.m. and 8 a.m. with her shorts around her ankles, she testified. If they slip up, its on themnot on anyone who may take advantage of them. And she held her ground at Fashion Week, sending models down the runway to a . If Mollers bill succeeds in making voluntary drunkenness grounds for a rape charge, prosecutors will still have to explore the defendants knowledge of the victims state of mind. The new ruling defines "mental incapacitation" in Minnesota as only referring to intoxication against one's will or knowledge. as well as other partner offers and accept our. Chief sponsor Rep. Kelly Moller, DFL-Shoreview, issued a statement Wednesday urging the bills passage. Contatos para ensaios e eventos via Messenger. The mugshots and/or arrest records published on mugshots.com are in no way an indication of guilt and they are not evidence that an actual crime has been committed. Now, let's get this story straight real quick. "No, I don't want to,". However, for first time offenders, this would result only in a gross misdemeanor, not a felony. She told the Star Tribune that the law makes it difficult to impossible to prosecute cases like Khalils. Democratic state Rep. Kelly Moller said it shows the urgent need to update the state's criminal sexual conduct statute, including by closing what she calls the intoxication loophole. State of Minnesota, Respondent vs. Francios Momolu Khalil, Appellant - Case No. 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. Slate is published by The Slate Group, a Graham Holdings Company. Minnesota care worker rapes Alzheimer's patient as her son watches on webcam. Victims of sexual assault are regularly accused of asking for it. Women, especially, are told to modify their own behavior to evade attacks. The two called for a ride and left the house. At some point in the middle of the night, her friend, identified with the initials S.L. testified that she attempted to awaken J.S. It turned out there was no party, and the woman. Korto Momulo, who appeared in the fifth season of Project Runway, as well as on Project Runway All Stars, slowed the pace at Fashion Week El Paseo on Wednesday night. eventAction: 'render' ga('create', 'UA-67136960-15', 'auto', 'ads'); In 1997, Washington D.C. native Momolu Stewart was sentenced to life in prison for his role in the shooting death of Mark Rosebure. All rights reserved. A divided Minnesota Court of Appeals affirmed Khalils conviction, but the state Supreme Court disagreed, overturning the conviction and granting Khalil a new trial. let gads_event; "Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. The Supreme Courts Conservatives Tried Very Hard Today to Find a Good Reason to Screw Biden, Why Ketanji Brown Jackson Split With the Courts Liberals in a 54 Decision, Theres a Clear Answer to the Texas Judge Who Thinks He Can Ban Abortion Pills Nationwide, its a felony to have sex with someone who is too intoxicated to give consent, regardless of how they got that way. STORIES, ORIGINAL EDITORIAL ARTICLES (UNDER CATAGORIES - BLOG) AND STATE OF MINNESOTA IN COURT OF APPEALS A19-1281 State of Minnesota, Respondent, vs. Francios Momolu Khalil, Appellant. In a footnote, Thissen makes sure to mention that he and his fellow justices are mindful of and concerned about the pervasiveness of sexual assault in the U.S. Law, someone only qualifies as mentally incapacitated, Minnesota high Court said Walker... When Khalil and two other men allegedly approached the woman and her friend, identified in documents. 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