Loophole in Minnesota Criminal Sexual Conduct Law

A sexual assult case is overturned by the Minnesota supreme court.

And now lawmakers are working quickly to change a decades-old law.

A sexual assualt case is overturned by the minnesota supreme court... and now lawmakers are working quickly to change a decades?

"*old law.

In minnesota ?

"* a person is guilty of rape if the victim is mentally incapacitated... but as it turns out ?

"* there's a loophole in that definition.

Kimt news 3's annalise johnson is speaking to one of our local lawmakers.

Annalise?

Katie ?

"* amy ?

"* this is hou file 707... a bill currently moving through the minnesota house.

One of the purposes of this bill is to modify and clarify criminal sexual conduct provisions.

But this bill has yet to become law... and while it moves through the legislature ?

"* a minnesota supreme court last week is causing national outrage.

According to court documents... in 2017 ?

"* a womn voluntarily took five vodka shots and a prescription drug pill.

She met a man outside a minneapolis bar.

After blacking out ?

"* she woke up to him assaulting her.

A hennepin county jury convicted the assailant ?

"* francois khalil*- of third degree criminal sexual conduct.

But now... the minnesota supreme court decided unanimously that the victim ?

"(wasn't mentally incapacitated because she had voluntarily gotten drunk.

I spoke to one of our local lawmakers ?

"* representative lz boldon.

She says that like many ?

"* she was surprised and outraged by this outcome.

However ?

"* she explains this s not a problem in the courts ?

*- who are interpreting the law.

It's a problem with the law itself.

We know that victims who are intoxicated beyond their ability to give consent deserve justice and that is why we need to pass this legislation to make this possible.

This is a failing not necessarily of the court, but a gap in the statute and one that the legislature has in its power to fix and we need to do so expeditiously representative boldon is supporting house file 707 as it moves through the house.

The senate has introduced a similar bill as well.

Changing this law has bipartisan support.

Live in rochester?

"* annalise thank you annalise.

As for the overturned conviction... khalil will get a new trial.

The hennepin county attorney's office and minnesota attorney general's office are expressing support for the minnesota legislature to close this