Minnesota's New Detestable Consent Law
Consent is a seemingly simple concept. It is a mutual agreement. To consent means to actively, clearly, and resolutely say “yes.” Clothes are not consent; flirty behavior is not consent; walking alone is not consent; night time is not consent; drinking is not consent. This is common sense. Rape is the violation of consent. It is “unlawful sexual activity and usually sexual intercourse carried out forcibly.” Therefore, with these two definitions, it is clear that any form of sexual interaction without full agreement from all participating parties is rape or sexual harrasment, despite any other factor. But, while this definition may seem simple and obvious to you and me, the Minnesota Supreme Court disturbingly disagrees.
In May of 2017, a 20-year-old woman, who had taken 5 shots of vodka and a prescription pill, was denied access to a bar at Dinkytown as the bouncer deemed her to be far too intoxicated. After being turned away, this woman and a friend were approached by three men inviting them to a party. But, there was, of course, no party. According to her friend, the woman who was later assaulted had passed out immediately after arriving at the house. She reported that she woke up to see Francois Monulu Khalil, one of the three men, raping her, and when she told him she did not want to have sex, he ignored her and continued. Khalil was originally convicted in 2019 of 3rd degree criminal sexual misconduct.
Almost four years later, and after multiple appeals, on Wednesday, March 24, 2021, The Minnesota Supreme Court ruled that Khalil cannot be found guilty of rape because the woman became intoxicated prior to meeting Khalil. From this case specific decision, the state Supreme Court has ruled that, “a person can’t be found guilty of sexually assaulting someone, who is mentally incapacitated due to intoxication, if that person became intoxicated by voluntarily ingesting drugs or alcohol.” Essentially, if someone willingly gets drunk, another person can rape them without any implications.
When I first heard of this new law on an Instagram story post, I genuinely thought it was fake. I thought a random person had created an absurd and completely fake fact and spread it around social media. But as I continued to research, I found everything on the post to be true, and I was mortified. I immediately felt a physical and visceral reaction of disgust and terror at this infuriating ruling.
How dare they make rape legal in thousands of cases. How dare the Minnesota Supreme Court create laws that encourage rape culture and blame victims due to seemingly unrelated topics. This law is more than just unconstitutional—it is inhumane. This is not a violation of American rights, but of inherent human rights.
Luckily, the American Civil Liberties Union (ACLU) along with other organizations across the country have come together to try to refute this despicable ruling and it is probable this case will go to future courts. But, regardless of the final implementation and implications of this law, the fact that it was once passed or even considered is truly terrifying.
By Ruby Kaufman