Then just sixteen years old and still legally a minor, Stewart . 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. 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. During his police interview, Khalil stated that he did not remember J.S. Including but not limited to; a traffic stop, citation issuance or initial investigation of alleged crime scene. She has introduced a bill to amend the statute. OUR DATABASE CANNOT BE USED TO MAKE DECISIONS The Supreme Court argued that the lower court that convicted the perpetrator, Francois Momolu Khalil, previously had stretched the definition too far. The woman, who'd taken shots and a prescription narcotic before meeting Khalil, fell asleep on his couch. See [] passed out at the house, then awakened as Khalil was raping her. 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. A person is mentally incapacitated if she lacks the judgement to give reasoned consent to sexual penetration due to the influence of alcohol, a narcotic, or any other substance administered without her agreement., These instructions were given without a comma in between any other substance administered and without her agreement. This is plausibly, at least partly, why the jury required clarification from the court as to whether voluntary intoxication of alcohol fit within the statutory definition of mentally incapacitated. The district court determined that voluntary intoxication was sufficient to be considered mentally incapacitated.. This material may not be published, broadcast, rewritten, or redistributed. Of the nearly 10 million U.S. women who have been raped while intoxicated, according to background in the court opinion, Moller said most become drunk by choice. One of the men, Francios Momolu Khalil, drove the group to a house in North Minneapolis, arriving early the following morning, where the woman blacked out on a living room couch. SIMPLY PUT: IF THE COURTS SAW FIT TO EXPUNGE In his appeal, Khalil didnt challenge that version of events. }); window.googletag.cmd.push(function() { Arrest does not imply guilt, and criminal charges are merely accusations. 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. Your email address will not be published. STORIES OF EXONERATIONS. In response to the ruling, state rep. Kelly Moller said she is sponsoring legislation that says consent can't be given if a victim is incapacitated, even if they voluntarily took drugs or alcohol. Khalil appealed and succeeded in having his conviction reversed and the case remanded for a new trial. 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. 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. But Jean Gibran says that he never claimed to be a saint or prophet. Francois Momolu Khalil was convicted of one count of third-degree criminal sexual conduct for raping an intoxicated wo . 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. In a lengthy footnote, the judge detailed the legislative process. Slate is published by The Slate Group, a Graham Holdings Company. An individual who gets drunk on their The appellant Francios Momolu Khalil approached J.S. pg.acq.push(function() { Minnesota is among a majority of states that treat intoxication as a barrier to consent only if the victim became drunk against their will. That statute requires that a person commit sexual penetration with another when the actor knows or has reason to know that the complainant is mentally incapacitated. To meet the definition, the alcohol must be administered to the person under its influence without that person's agreement, the high court ruled. 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. So unless you don't watch the news, or just don't care, you've probably heard about Minnesota's Supreme Court decision to overturn a third-degree criminal sexual assault charge against Francois Momolu Khalil. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. "There are a lot of people who are told when they report now, and when their case is referred to a prosecutor that essentially their sexual assault was technically legal. More generally, CDC statistics show that nearly 1 in 5 women and 1 in 28 men have experienced attempted or completed rape during their lifetimes. Get browser notifications for breaking news, live events, and exclusive reporting. [emailprotected], Elura is a columnist and trial analyst for Law & Crime. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. The following Official Record of Francios Momolu Khalil is being The word "booked", when used by mugshots.com, is identical in meaning to the word "arrest". ABOUT CONSUMER CREDIT, EMPLOYERS, INSURANCE, TENANT SCREENING, OR Minnesota pedophile sexually assaults girlfriend's 4-year-old twins, infects them with gonorrhea, Who is Olabamidele Olumide Bewaji? A19-1281: In 2018, appellant Francios Khalil was charged with first-degree and third-degree criminal sexual conduct based on allegations that he sexually assaulted an adult female who had consumed alcohol and Vicodin earlier in the evening and passed out on a couch in Mugshots.com makes every effort to insure the accuracy of information posted on this website. 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. if(document.querySelector("#google_image_div")){ Victims of sexual assault are regularly accused of asking for it. Women, especially, are told to modify their own behavior to evade attacks. FAIR PROCESS FOR ALL. However, Mugshots.com does not guarantee the accuracy or timeliness of the content of this website. 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 wrote that the Legislature clearly intended to limit the statute to situations where the victim did not voluntarily drink to intoxication. . media-tech companies with hubs around the world. Under the existing statute, Khalils case could be charged as fifth-degree criminal sexual conduct, a gross misdemeanor, according to the court ruling. First published on March 26, 2021 / 7:14 AM. The victim was intoxicated because shed consumed five shots of vodka and one pill of a prescription narcotic. 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. Khalils attorney Will Walker said the justices agreed with his contention that the trial judge gave incorrect instructions to the jury. ga('ads.send', { }); FROM THOSE SAME LAWS. AP Photo/Jim Mone Rape victims who get drunk on their own aren't "mentally incapacitated," REPORTING AGENCY. A Hennepin County jury in 2019 convicted him of third-degree criminal sexual conduct. However, for first time offenders, this would result only in a gross misdemeanor, not a felony. Khalil invited her and a friend to a party. Certain materials reproduced on this website are believed to be in the public domain. She lost consciousness again. But as per his attorney, that might change soon and he might be released. 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 Supreme Court said that a man who had sex with a woman while she was passed out on his couch cant be convicted of rape because the woman willingly got drunk beforehand. Prosecutors did not try Khalil on that charge but now could look to recharge him. Providing leadership, business and IT solutions for Institutions, analyzing needs and available resources, utilizing customized Enterprise Resource Planning (ERP), and financial management applications. Follow Elura on Twitter @elurananos. eventCategory: event.slot.getSlotElementId(), The Minnesota Judicial Center, which houses the states Supreme Court, is seen in downtown Saint Paul, Minnesota, is seen on Aug. 15, 2018. She woke up to. 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. According to the New York Times, four years ago, in . Rather, its precisely what Minnesota lawmakers had intended. Personality/celebrity judge Jeannie Mai, model wearing the design of winner Ognen Trpeski and celebrity judge Korto Momolu attend "Knock Out Hunger". Abby Honold, a sexual assault survivor, and advocate says this intoxication loophole has been a problem for years. His conviction was overturned because, according to existing statute, he was not accountable since he did not personally drug her or give her alcohol. ACCUSATIONS AND EVERYONE IS PRESUMED INNOCENT UNTIL PROVEN GUILTY IN They went, only to find that there was no party. Furthermore, this case highlights an important principle in American politics, namely the distinction between constitutional law and legislatively made statutory rights. That's because Momolu, who spent. The friend later testified that the woman immediately laid down on the couch and fell asleep. The statute was reconsidered over the past few years, and lawmakers held committees and heard testimony where they considered precisely this issue. On the evening of the alleged assault, the woman went to a bar in Minneapoliss Dinkytown neighborhood with a friend, but the bouncer refused to let her in because she was drunk, according to court records. 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. 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. Crime & Public Safety | ALL MUGSHOT LAWS WERE DESIGNED TO PROTECT THE PUBLIC FROM FEES FOR His story is one of the bright spots in Oxygen's two-hour documentary special, Kim Kardashian West: The Justice Project, which premieres on April 5, 2020 at 7pm. 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. Click Opinions expressed in comments across this website are solely those of our visitors. After telling him to stop, she then passed out again. Francios Momolu Khalil was convicted of raping a woman known in court documents as J.S. Theyre taught to drink less, to watch every cocktail they drink so no one can slip roofies in, to never trust a friendly stranger. Owned and Operated by: Julkisuudessa, Nevis, West Indies. document.querySelector("#adunit").addEventListener('click',function(){ The woman met Khalil after she was refused entry to a bar because she was too intoxicated. A19-1281. consumed the alcohol and narcotics on her own, she wasnt legally mentally incapacitated under the law.. The jury then found Khalil guilty of third-degree criminal sexual conduct. Minnesotans who experience unthinkable trauma deserve to see the Legislature take action on this immediately.". 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. was drunk before she met Khalil. 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. The state's highest court released the opinion Wednesday, also granting Francios Momolu Khalil, a man convicted of criminal sexual conduct, a new trial. }); 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. Kelly Moller, a Democratic state lawmaker, issued a statement after the court ruling urging the passage of the bill. Justice Paul Thissen in a 2016 file photo. 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