The woman had been denied entry into the bar because she was intoxicated after taking five shots of vodka and a prescription narcotic. Access your favorite topics in a personalized feed while you're on the go. State v. Khalil, 948 N.W.2d 156, 163 (Minn. App. When you have a 6-0 unanimous decision, that tells you that the courts have recognized what I was telling the district court judge all along: You cannot add your own elements to the law, said the attorney, Will Walker. The word "arrest" on Mugshots.com means the apprehension of a person or the deprivation of a person's liberty. Emailus. This material may not be published, broadcast, rewritten, or redistributed. A state Supreme Court has decided that if a rape victim got herself drunk, her rape might not matter in a court of law. In 2017, Khalil picked up a woman who. In the decision written by Justice Paul Thissen, the state Supreme Court said the lower courts definition of mentally incapacitated in this case unreasonably strains and stretches the plain text of the statute because J.S. Khalil has been incarcerated since his sentencing in 2019. 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. ga('ads.send', { A person who is sexually assaulted while intoxicated does not fit the designation for a more serious charge if he or she consumed the alcohol or drugs voluntarily, the Minnesota Supreme Court said in a ruling released Wednesday. And, he said, lawmakers have a unique individual capacity to change it. The Supreme Court argued that the lower court that convicted the perpetrator, Francois Momolu Khalil, previously had stretched the definition too far. Minnesota care worker rapes Alzheimer's patient as her son watches on webcam. Minnesota rape survivors, advocates and dozens of legislators see the states voluntary intoxication defense as a loophole that still needs to be filled. Francios Momolu Khalil was convicted of raping a woman known in court documents as J.S. 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. passed out at the house, then awakened as Khalil was raping her. MOST OF, IF NOT - Merriam Webster dictionary. Felony rape charge doesnt apply if victim got, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Tumblr (Opens in new window), Submit to Stumbleupon (Opens in new window), Felony rape charge doesnt apply if victim got drunk on her own, Minnesota Supreme Court rules, Authorities identify man fatally shot by Duluth police last week, Gunman gets 23 years for killing 15-year-old student outside Richfield school, Minnesota BCA says 8 schools around state received hoax shooting calls this week, Transgender woman violently assaulted at Minneapolis light rail station; 2 suspects charged, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Law enforcement leaders: DNA testing takes months, MN crime lab needs money, Local chef and his cousin identified as St. Paul double homicide victims, We all saw it coming: Harding teachers flagged violence long before fatal stabbing, St. Paul man gets 11 years for fatally shooting duplex neighbor, WWII machine gun seized in Washington County now headed to Camp Ripley museum, Special St. Paul school board meeting after fatal stabbing yields 63 speakers, 'We all saw it coming': Harding teachers flagged violence long before fatal stabbing, St. Paul man dies after fall from Edina construction site, Minnesota GOP pitches tax rebate checks, Social Security tax cut, Long-lost ship found in Lake Huron, confirming tragic story, Jessie Diggins adds another gold medal, and U.S. first, Hello, Empire: Dakota County is home to a new city and first-time mayor, For perfectly cooked rice every time, try your microwave, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. Follow Elura on Twitter @elurananos. If the Legislatures intended meaning is clear from the text of the statute, we apply that meaning and not what we may wish the law was or what we think the law should be, Thissen wrote. Justice Paul Thissen wrote that the prosecutions interpretation of third-degree assault unreasonably strains and stretches the plain text of the statute., The relevant section of third-degree criminal sexual conduct applies to cases where the victim is mentally incapacitated due to drugs or alcohol that was administered to that person without the persons agreement.. 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. 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 beforehand. eventAction: 'click_image_ads' Notifications can be turned off anytime from browser settings. Justice Thissen notes that Khalils interpretation of the statute is most accurate based on the text, structure, and punctuation. 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. She woke up to find Khalil raping her. Not the Francios Momolu Khalil you were looking for? Khalil argued that the district court was incorrect in affirming this reading of the statute and that in order for a person to be mentally incapacitated the alcohol must have been administered to without the persons agreement. Chief sponsor Rep. Kelly Moller, DFL-Shoreview, issued a statement Wednesday urging the bills passage. [screengrab via Minnesotans for Justice Paul Thissen], Have a tip we should know? In practical terms, its a nightmare for prosecutors: In February, a group of experts and sexual assault survivors, tasked by the Legislature with examining Minnesotas laws, slammed the states definition of mentally incapacitated as a "significant roadblock" for prosecutors hoping to punish assailants in cases where someone got voluntarily intoxicated and couldnt consent to sex. The 24-year-old is currently serving a five-year sentence at the Faribault state prison. if(document.querySelector("#adunit")){ Justice Paul Thissen in a Feb. 25, 2016 file photo. 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. 35.4k Followers, 3,524 Following, 1,269 Posts - See Instagram photos and videos from Korto Momolu - Designer (@kortomomolu) Josh was good at baseball once. 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}} that considers sexual assault separately from rape). document.querySelector("#ads").addEventListener('click',function(){ But on Wednesday, the Minnesota Supreme Court overturned his conviction with its ruling. OUR DATABASE CANNOT BE USED TO MAKE DECISIONS 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. Khalil invited her and a friend to a party. Courts that used to require women to prove that they displayed utmost resistance to unwanted sexual activity now apply what Hasday characterized as a more realistic understanding of how consent typically happens. The appearance of the likeness and/or name of any person on mugshots.com is not an allegation by mugshots.com that the person has in fact engaged in any of the activities or crimes for which they have been charged. When she woke up, sometime after 7 in the morning, she saw her shorts around her ankles. They went, only to find that there was no party. Latest news and commentary on Francois Momulu Khalil including photos, videos, quotations, and a biography. REMOVAL OF ARREST INFORMATION AND/OR BOOKING PHOTOGRAPHS. 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. They went, only to find that there was no party. } 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. However, for first time offenders, this would result only in a gross misdemeanor, not a felony. The state's highest court released the opinion Wednesday, also granting Francios Momolu Khalil, a man convicted of criminal sexual conduct, a new trial. An individual who gets drunk on their own can not be qualified as "mentally incapacitated" in a rape case, the Minnesota Supreme Court said in a ruling released Wednesday. Justice Paul Thissen in a Feb. 25, 2016 file photo. The ruling came in the case of Francois Momulu Khalil, a 24-year-old Minneapolis man who was convicted of third-degree criminal sexual misconduct because the victim was drunk and a jury considered she was mentally incapacitated. Now Khalil will be able to have a new trial in the case. Khalil prevailed because the precise facts of the case did not match the requirements of the statute under which he was prosecuted. 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 beforehand. Top editors give you the stories you want delivered right to your inbox each weekday. }); Khalil drove the women to a house in North Minneapolis, prosecutors allege. A jury in Hennepin County convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019. J.S., as per court documents, told Khalil, No, I dont want to. Khalil replied, But youre so hot and you turn me on. J.S. The Minnesota Judicial Center, which houses the states Supreme Court, is seen in downtown Saint Paul, Minnesota, is seen on Aug. 15, 2018. Abby Honold, a sexual assault survivor, and advocate says this intoxication loophole has been a problem for years. Data provided to our visitors is estimated and may not be accurate. 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. notice: mugshots.com is a news organization. Facts: On March 24, 2021 the Supreme Court of Minnesota ruled in State of Minnesota, Respondent v. Francois Momolu Khalil, Appellant. "Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. eventCategory: event.slot.getSlotElementId(), The opinion stems from the case of Francois Momulu Khalil, a Minneapolis man who was convicted of third-degree criminal sexual misconduct because the victim was drunk and considered by the jury to be mentally incapacitated. that she had been raped. A majority of states say that in order for a victim to be considered to be mentally incapacitated they must have become intoxicated against their will, notes the Washington Post. She said he continued even when she said she didn't want to have sex. All contents 2023 The Slate Group LLC. The decision overturns the conviction of Francios Momolu Khalil, who was accused in 2017 of taking home an intoxicated woman from Dinkytown and sexually assaulting her. She has introduced a bill to amend the statute. 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 beforehand. The Minnesota Supreme Court overturned Francios Momolu Khalil's conviction for a third-degree criminal sexual conduct charge and granted him a retrial because the victim was voluntarily intoxicated at the time of the assault. outside of the bar and invited her to accompany him to a supposed party at a house. The opinion stems from the case of Francois Momulu Khalil, a Minneapolis man who was convicted of third-degree criminal sexual misconduct because the victim was drunk and considered by the jury. MEAWW is an initialism for Media Entertainment Arts WorldWide. eventCategory: event.slot.getSlotElementId(), She told the Star Tribune that the law makes it difficult to impossible to prosecute cases like Khalils. After arriving at the house, J.S. Francios Momolu Khalil was convicted of raping a woman known in court documents as J.S. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. Khalil approached her outside a bar and lured her to a house with a story of a party going on inside. She lost consciousness again. 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. Lauren Rimestad, spokeswoman for the Minnesota Coalition Against Sexual Assault, went even further on Thursday. 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