The case of Khalil v. Minnesota consisted of a man who was found guilty of third degree criminal sexual misconduct after raping the victim who was passed out drunk. He then filed for an appeal and it was accepted they presented his case and the original sentence and charges were reversed. The basis for the reversal lied on the fact that for someone to be charged with third degree criminal sexual misconduct the victim must be "mentally incapacitated". In this case they deemed that because the victim herself chose to get intoxicated before she met her attacker she did not fall under the "mentally incapacitated" category, that was specifically reserved for those who were forced to drink or secretly drugged. The case is now being set for a new trial. This brings worry because of the possibility of an intoxication loophole that can become abused by others and in the future leaving victims vulnerable when pressing charges against their attackers.
Valeria Ramirez
No comments:
Post a Comment