Rape victims not "mentally incapacitated" if they got drunk on their own, Minnesota Supreme Court rules
CBSN
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.
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." The woman met Khalil after she was refused entry to a bar because she was too intoxicated. 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. To meet the definition, the alcohol must be administered to the person under its influence without that person's agreement, the high court ruled.Two climbers were waiting to be rescued near the peak of Denali, a colossal mountain that towers over miles of vast tundra in southern Alaska, officials said Wednesday. Originally part of a three-person team that became stranded near the top of the mountain, the climbers put out a distress call more than 30 hours earlier suggesting they were hypothermic and unable to descend on their own, according to the National Park Service.
There's no making up for what Olympic hurdler Lashinda Demus lost on the day she finished .07 seconds behind a Russian opponent who, everyone later learned, was doping. What the American 400-meter hurdles champion will finally receive is a great day under the Eiffel Tower where she'll be presented with the gold medal she was denied 12 years ago at the London Olympics.