Court: Man can't be charged with rape because victim blacked out

The ruling also poured fuel on an effort in the Minnesota legislature to expand the state’s definition of “mentally incapacitated” to include voluntary intoxication so that defendants such as Khalil can be convicted of more serious offenses.

At issue in Khalil’s case was a state law that says a person is only considered “mentally incapacitated” and incapable of consenting to sex if they are intoxicated on substances “administered to that person without the person’s agreement,” like if someone spikes a punch bowl at a party. In Khalil’s case, Justice Paul Thissen wrote in an opinion, no one disputes that the woman chose to become drunk.

“If the legislature’s intended meaning is clear from the text of the statute, we apply that meaning and not what we may wish the law was or what we think the law should be,” Thissen wrote.

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