The court ruled that Khalil could not be found guilty of felony rape because the woman was voluntarily intoxicated beforehand, which does not fall under the state's definition of "mentally . A jury convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019 but on Wednesday, the Minnesota Supreme Court overturned his conviction with its ruling (Getty Images) MINNEAPOLIS, MINNESOTA: The Minnesota Supreme Court has issued a controversial ruling. After telling him to stop, she then passed out again. Rather, its for situations where the victim was given alcohol surreptitiously (for example, when someone spikes a punch bowl at a party), he wrote. [emailprotected], Elura is a columnist and trial analyst for Law & Crime. She has introduced a bill to amend the statute. A jury in Hennepin County convicted Khalil of third-degree criminal sexual conduct involving a victim who was impaired in 2019. She and her friend left the house in a Lyft, and the woman went to a hospital to have a rape kit done later that day. 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 bipartisan bill in the Minnesota House of Representatives emerged from that groups report on possible changes to the law. Justice Paul Thissen in a Feb. 25, 2016 file photo. Thissen noted in his opinion that the Legislature has taken a recent interest in the statute. WE HAVE hitType: 'event', If you are a survivor of sexual assault, you can call the National Sexual Assault Hotline (1-800-656-4673) or visit its website to receive confidential support. }); redistributed by Mugshots.com and is protected by A19-1281. here to search for other Francios Momolu Khalil, THEFT-TAKE/USE/TRANSFER MOVABLE PROP-NO CONSENT. 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. 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. Crime & Public Safety | eventCategory: event.slot.getSlotElementId(), Khalil appealed and succeeded in having his conviction reversed and the case remanded for a new trial. The decision Wednesday overturned Khalils prior conviction of third-degree criminal sexual conduct, which had been upheld by an appeals court, and granted him the right to a new trial. 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. reported the incident to the police. The decision Wednesday overturned Khalil's prior conviction of third-degree criminal sexual conduct, which had been upheld by an appeals court, and . consumed the alcohol and narcotics on her own, she wasnt legally mentally incapacitated under the law.. 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. Elura is also a former civil prosecutor for NYC's Administration for Children's Services, the CEO of Lawyer Up, and the author of How To Talk To Your Lawyer and the Legalese-to-English series. MEAWW brings you the best content from its global team of here to search for other Francios Momolu Khalil, All original material at this website is subject to copyright. Get browser notifications for breaking news, live events, and exclusive reporting. Franois Khalil Photos. Lauren Rimestad, spokeswoman for the Minnesota Coalition Against Sexual Assault, went even further on Thursday. STORIES, ORIGINAL EDITORIAL ARTICLES (UNDER CATAGORIES - BLOG) AND },false) Khalil is serving a five-year prison sentence but his lawyer, Will Walker, told MPR News that he anticipates he will be released soon. },false) Ultimately, many of the protections and rights that are currently enjoyed by citizens come from the state legislatures and Congress. Francois Khalil, then 20, picked up an intoxicated woman outside a Dinkytown bar in 2017, took her back to a North Minneapolis home and raped her after she passed out on a couch, the woman testified, according to court records. Thissen wrote that the Legislature clearly intended to limit the statute to situations where the victim did not voluntarily drink to intoxication. Megan Gerges is from Warren, NJ, studying Political Science and Psychology. notice: mugshots.com is a news organization. All contents 2023 The Slate Group LLC. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); On March 24, 2021 the Supreme Court of Minnesota ruled in, State of Minnesota, Respondent v. Francois Momolu Khalil, Appellant. document.querySelector("#adunit").addEventListener('click',function(){ The Minnesota Supreme Court on Wednesday overturned a Maple Grove mans felony conviction for sexual assault because the victim got herself drunk before the incident. FREEMAN Hennepin County Attorney LINDA M. FREYER Assistant County Attorney 2000 Court Tower 300 South Sixth Street Minneapolis , MN 55487-0501 }); #mugshots, We use third-party advertising companies to serve ads when you visit our Website. Rather, its precisely what Minnesota lawmakers had intended. All information published by mugshots.com is believed to be factually true and correct, and is not intended to malign, disparage, or defame any person named herein. This story was originally published at washingtonpost.com. A bill is advancing through the House that would add language to the third-degree statute, making it a felony to have sex with someone who is too intoxicated to consent, no matter how they got that way. The word "arrest" on Mugshots.com means the apprehension of a person or the deprivation of a person's liberty. Justice Thissen was mindful of the seeming unfairness in his ruling and laid the blame squarely on the state legislature. Instead, his lawyers argued that the victim wasnt mentally incapacitated, as required under the states third-degree criminal sexual assault law. The jury then found Khalil guilty of third-degree criminal sexual conduct. As per Hennepin County prosecutors, on May 13, 2017, Khalil encountered a woman outside a Dinkytown bar whod just consumed five shots of vodka and a prescription narcotic. She blacked out on Khalils couch and says she woke up to find him sexually assaulting her. STATE OF MINNESOTA IN COURT OF APPEALS A19-1281 State of Minnesota, Respondent, vs. Francios Momolu Khalil, Appellant. 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. The woman, identified in court documents as J.S., met Khalil outside a bar in Minneapolis in May 2017. Supervision of Information Technology (IT) managers and staffs in planning and implementations of various IT projects. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. (emphasis ours). Court documents from the appeal said Khalil and two of his friends invited the woman and a friend to a party but instead took them to a private home where the woman, who was only identified by her initials, blacked out. The woman met Khalil after she was refused entry to a bar because she was too intoxicated. The state still has to prove beyond a reasonable doubt that the defendant knew or should have known that the victim was intoxicated to the degree incapable of providing consent, Moller said. There is no precedent that supports the States argument that the qualifier applies only to any other substance and there is precedent to support the qualifier encompassing a preceding succession of nouns. Dosyada ad J.S. But youre so hot, and you turn me on, Khalil replied. 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.. Mugshots.com makes every effort to insure the accuracy of information posted on this website. 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. A divided Minnesota Court of Appeals affirmed Khalils conviction, but the state Supreme Court disagreed, overturning the conviction and granting Khalil a new trial. Minnesota is among a majority of states that treat intoxication as a barrier to consent only if the victim became drunk against their will. He was a fragile human being . if(document.querySelector("#adunit")){ The Supreme Court argued that the lower court that convicted the perpetrator, Francois Momolu Khalil, previously had stretched the definition too far. INFORMING THE PUBLIC OF ARRESTS AND TO HOLD LAW ENFORCEMENT ga('ads.send', { Khalil approached her outside a bar and lured her to a house with a story of a party going on inside. She said he continued even when she said she didn't want to have sex. NOW WATCH: Alcohol brings these inks to life. Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. 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