Maple Grove Man's Rape Conviction Overturned By MN Supreme Court

MAPLE GROVE, MN — A Maple Grove man's rape conviction was overturned by the Minnesota Supreme Court Wednesday in a ruling that could dramatically change how sexual assault cases are prosecuted in the state.

The woman who was the subject of the case became drunk voluntarily and therefore could not be considered "mentally incapacitated" in this case from 2017, the high court ruled.

"The legislative definition of 'mentally incapacitated,' as set forth in Minn. Stat. § 609.341, subd. 7 (2020), does not include a person who is voluntarily intoxicated by alcohol," the court ruled.

"The district court’s erroneous jury instructions were not harmless beyond a reasonable doubt."

According to the ruling, neither party disputed the following "relevant facts" in this case:

On the evening of May 13, 2017, J.S. consumed approximately five shots of vodka and one pill of a prescription narcotic. She then traveled to the Dinkytown neighborhood of Minneapolis with her friend S.L. Upon arriving, J.S. attempted to enter a local bar but was denied entry by the bouncer because she was intoxicated. Shortly thereafter, Khalil and two other men approached J.S. and S.L. outside the bar and invited them to a party. Khalil then drove the group to a house in North Minneapolis, arriving in the early morning hours of May 14, 2017. There was no party at the house.

S.L. testified that, after walking into the house, J.S. immediately laid down on the living room couch and soon fell asleep. J.S. testified that she “blacked out” due to her intoxication shortly after arriving at the house and did not clearly remember lying down on the couch. J.S. woke up some time later to find Khalil penetrating her vagina with his penis. She said, “No, I don’t want to,” to which he replied, “But you’re so hot and you turn me on.” J.S. then lost consciousness and woke up at some point between 7 and 8 a.m. with her shorts around her ankles. She retrieved S.L. from another room and the two called a Lyft and left the house. During the ride, J.S. told S.L. that she had been raped. Later that day, J.S. went to Regions Hospital in St. Paul to have a rape kit done.

Khalil was later charged with and convicted of third-degree criminal sexual conduct involving a mentally incapacitated or physically helpless complainant.

The state did not charge Khalil with fifth-degree criminal sexual conduct, which makes non-consensual sexual contact a crime. "Both the State and Khalil conceded would cover the conduct alleged in this case but which is a gross misdemeanor rather than a felony for a first offense," the state Supreme Court said.

Under Minnesota law, a person is guilty of third-degree criminal sexual conduct if "the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless."

The high court found that the state "unreasonably strains and stretches the plain text of the statute" and that section 609.341, subdivision 7 "means that a person under the influence of alcohol is not mentally incapacitated unless the alcohol was administered to the person under its influence without that person’s agreement."

The court added that if the Minnesota Legislature intended for the definition of mentally incapacitated to include voluntarily intoxicated people, then lawmakers must take action to clarify the statutes.