reporters on a platform technologically tailored to meet the needs of the modern reader. Later she blacked out and said she woke up to the man, Francios Momolu Khalil, raping her. It's always so heartbreaking to have to hear that from yet another survivor who came forward and reported," Honold told the outlet. ga('ads.send', { Sexual assault survivors and advocates decried the ruling but said they weren't surprised. The bipartisan bill in the Minnesota House of Representatives emerged from that groups report on possible changes to the law. The woman, who'd taken shots and a prescription narcotic before meeting Khalil, fell asleep on his couch. }); Who is Francois Momulu Khalil? media-tech companies with hubs around the world. Advocates for reforming Minnesotas sexual violence laws have already called out this law as problematic, and not just because it seems to codify the notion of asking for it into law. 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. Justice Thissen was mindful of the seeming unfairness in his ruling and laid the blame squarely on the state legislature. As per court documents, Khalil and two other men drove them to a house in Minneapolis, where there was no party. And that burden is high.. Franois Khalil Photos. 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. According to court documents, Francois Momulu Khalil was convicted of third-degree sexual assault after he brought a woman to his north Minneapolis home and allegedly raped her on May 13, 2017.. The court understood the plain language of Minnesota Statute 609.341 to mean that someone who is sexually assaulted while intoxicated is not "mentally incapacitated" if he or she consumed the alcohol or drugs voluntarily. Thats quite a contrast to the third-degree conviction that could mean as many as 15 years behind bars and a fine of up to $30,000. But six justices on the Minnesota Supreme Court agreed with Khalils argument, much to their own apparent chagrin. }); eventCategory: event.slot.getSlotElementId(), J.S. The two called for a ride and left the house. First published on March 26, 2021 / 7:14 AM. The ruling also poured fuel on an effort in the Minnesota legislature to expand the states definition of mentally incapacitated to include voluntary intoxication so that defendants such as Khalil can be convicted of more serious offenses. As mentioned in a footnote in the decision, the Minnesota Legislature formed a Criminal Sexual Conduct Statutory Reform Working Group to review state criminal sexual conduct laws and make recommendations, which they did in January 2021 as the case was pending before the Minnesota Supreme Court. She agreed, but soon found out there was no gathering, she later testified. Do you know of a related media coverage to this person and/or 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. gads_event = event; INFORMING THE PUBLIC OF ARRESTS AND TO HOLD LAW ENFORCEMENT In a divided opinion, 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}} During his police interview, Khalil stated that he did not remember J.S. Have a tip or story idea? Thissen noted in his opinion that the Legislature has taken a recent interest in the statute. She woke up to find Khalil raping her. 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 . Rather, its precisely what Minnesota lawmakers had intended. Stars Maddie Evans Tim Dann See production, box office & company info Add to Watchlist Episodes 21 Browse episodes 1 Season 3 years Photos Add photo Top cast Edit Unless there are claims of unconstitutionality, oftentimes the judiciary is bound, or at least feels bound, to decide cases based on what existing laws say (even when those laws are immoral and/or faulty- as was the case here). Francios Momolu Khalil haltingly agreed that he was guilty of "nonconsensual touching" of a drunken woman's inner thighs and breasts with "sexual intent," defined in the law as criminal sexual . These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. I love y'all! Unless there are claims of unconstitutionality, oftentimes the judiciary is bound, or at least feels bound, to decide cases based on what existing laws say (even when those laws are immoral and/or faulty- as was the case here). The court went on to explain that not only was this result essentially intentional on the part of the legislature, but it was also a result of recent drafting and not some relic of the past. "Mentally incapacitated" applies when someone gets drunk without their consent, the court said. Crime & Public Safety | MOST OF, IF NOT Josh was good at baseball once. In 2017, Francios Momolu Khalil approached a woman outside a bar in Minneapolis and invited her to a party. In 2019, . Though advocates say the ruling . Under the existing statute, Khalils case could be charged as fifth-degree criminal sexual conduct, a gross misdemeanor, according to the court ruling. 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,". She claims she "blacked out" and woke up to find Khalil raping her. eventCategory: event.slot.getSlotElementId(), Want the best of VICE News straight to your inbox? eventAction: 'click_adunit' 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. 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. Minnesota pedophile sexually assaults girlfriend's 4-year-old twins, infects them with gonorrhea, Who is Olabamidele Olumide Bewaji? Instead, the Legislature created a working group to recommend changes. The justices granted a new trial for Khalil. told S.L. Insider has reached out to Minnesota Attorney General Keith Ellison's office for comment. The woman was drunk that she blacked out and woke up . Then just sixteen years old and still legally a minor, Stewart . He was a fragile human being . 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. Ultimately, many of the protections and rights that are currently enjoyed by citizens come from the state legislatures and Congress. Its a decision that even the justices seemed reluctant to makebut state law tied their hands. Khalil drove the women to a house in northern Minneapolis, prosecutors allege. This case calls attention to the necessity of conversations regarding sexual assault in the United States, especially with regards to statutory laws that are currently in effect all across the country. WE ga('ads.send', { A jury in Hennepin County convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019. She says its a roadblock for survivors seeking to press charges who have an otherwise solid case. In a decision written by Justice Paul Thissen, the state's supreme court said that the definition of "mentally incapacitated" which was used by the lower court "does not include a person who is voluntarily intoxicated by alcohol," meaning that the designation only applies when the alcohol was given to someone without their knowledge. "hit" or "view": An internal web visit measurement unit. ACCUSATIONS AND EVERYONE IS PRESUMED INNOCENT UNTIL PROVEN GUILTY IN In 1997, Washington D.C. native Momolu Stewart was sentenced to life in prison for his role in the shooting death of Mark Rosebure. 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. "Prosecutors, survivors, and advocates have identified the problem and the CSC Working Group did incredibly tough work to identify the solutions. 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. window.googletag.pubads().addEventListener('impressionViewable', function(event) { No guarantee of accuracy is made herein. "Prosecutors, survivors, and advocates have identified the problem and the CSC Working Group did incredibly tough work to identify the solutions. 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. The way the state Supreme Court sees it, Khalil could be charged with fifth-degree criminal sexual conduct, which is a gross misdemeanor and if convicted could mean up to one year in prison and a fine of up to $3,000. 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 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. Under Minnesota law, someone only qualifies as mentally incapacitated if they do not drink or take drugs of their own free will. window.googletag.pubads().addEventListener('slotOnload', function(event) { Because there is a lack of reasonable doubt that the instructions the jury were given by the district court did not impact Khalils conviction, the district court is required to hold a new trial. She reported the case to Minneapolis police four days later, according to court records. During the ride, J.S. And were very, very pleased about that, Walker said. TO PUBLISH. The ruling. The Minnesota House of Representatives is currently considering a bill that would change the language of the statute to make clear that its a felony to have sex with someone who is too intoxicated to give consent, regardless of how they got that way. He did a two-year stint on city government and crime in Austin, Minn., and spent seven years in Sioux Falls, S.D. An unfamiliar man invited both women to a party at his place, and they accepted. 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. covering crime and education, as well as editing. A COURT OF LAW AND CONVICTED. The jury then found Khalil guilty of third-degree criminal sexual conduct. }); Minnesota is among a majority of states that treat intoxication as a barrier to consent only if the victim became drunk against their will. As surprising as it may be, Minnesota is hardly an outlier. Official Record was collected The woman, identified in court documents as J.S., met Khalil outside a bar in Minneapolis in May 2017. , but soon found out there was no gathering, she later testified, she later testified as court. 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