According to court documents, Francois Momulu Khalil was convicted of third-degree sexual assault after he brought a woman to his north Minneapolis home and allegedly raped her on May 13, 2017.. She claims she "blacked out" and woke up to find Khalil raping her. [screengrab via Minnesotans for Justice Paul Thissen], Have a tip we should know? pg.acq.push(function() { eventAction: 'click_image_ads' Specialties: Designing, Configuring IT Infrastructure utilizing VSAT or . Democratic state Rep. Kelly Moller said it shows the urgent need to update the state's criminal sexual conduct statute, including by closing what she calls the intoxication loophole. Megan Gerges is from Warren, NJ, studying Political Science and Psychology. Honold said that although the court's ruling in favor of Khalil can be triggering to hear in the news, the outcome was not the . However, for first time offenders, this would result only in a gross misdemeanor, not a felony. State v. Khalil, 948 N.W.2d 156, 163 (Minn. App. 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. WE POST AND WRITE THOUSANDS OF NEWS STORIES A YEAR, MOST WANTED Khalil appealed and succeeded in having his conviction reversed and the case remanded for a new trial. YOUR RECORD, SO WILL WE, FREE OF CHARGE. This recent Minnesota court ruling comes to show that there are many legal loopholes that relate to sexual misconduct and sexual violence. The Minnesota House of Representatives is currently considering a bill that would change the language of the statute to make clear that its a felony to have sex with someone who is too intoxicated to give consent, regardless of how they got that way. During his police interview, Khalil stated that he did not remember J.S. "Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice," Moller said. Almost four years later, the Minnesota Supreme Court unanimously ruled this week that Francios Momolu Khalil, 24, cannot be found guilty of rape because the woman got drunk voluntarily. Khalil was originally charged with one count of criminal sexual conduct in the third degree involving a mentally impaired or physically helpless complainant, for which he was found guilty,. OUTLINED UNDER OUR RECORD MAINTENANCE POLICY WHAT WE BELIEVE TO BE A All contents 2023 The Slate Group LLC. According to its opinion, he met a woman who had been . "Prosecutors, survivors, and advocates have identified the problem and the CSC Working Group did incredibly tough work to identify the solutions. consumed the alcohol and narcotics on her own, she wasnt legally mentally incapacitated under the law.. Thats when Khalil and two other men allegedly approached the woman and her friend and invited them to a party. Lauren Rimestad, spokeswoman for the Minnesota Coalition Against Sexual Assault, went even further on Thursday. Furthermore, this case highlights an important principle in American politics, namely the distinction between constitutional law and legislatively made statutory rights. A COURT OF LAW AND CONVICTED. The woman met Khalil after she was refused entry to a bar because she was too intoxicated. let gads_event; The Supreme Court argued that the lower court that convicted the perpetrator, Francois Momolu Khalil, previously had stretched the definition too far. During the ride, J.S. But youre so hot and you turn me on, he allegedly replied. Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. Specifically, Khalil was found guilty of third-degree criminal sexual conduct. The Minnesota Supreme Court overturned Francios Momolu Khalil's conviction for a third-degree criminal sexual conduct charge and granted him a retrial because the victim was voluntarily intoxicated at the time of the assault. FREEMAN Hennepin County Attorney LINDA M. FREYER Assistant County Attorney 2000 Court Tower 300 South Sixth Street Minneapolis , MN 55487-0501 Facts: On March 24, 2021 the Supreme Court of Minnesota ruled in State of Minnesota, Respondent v. Francois Momolu Khalil, Appellant. window.googletag.pubads().addEventListener('slotRenderEnded', function(event) { Stay up to date with what you want to know. She reported the case to Minneapolis police four days later, according to court records. An individual who gets drunk on their own can not be qualified as "mentally incapacitated" in a rape case, the Minnesota Supreme Court said in a ruling released Wednesday. told S.L. Khalil invited her and a friend to a party. Crime & Public Safety | Khalil prevailed because the precise facts of the case did not match the requirements of the statute under which he was prosecuted. Justice Thissen notes that Khalils interpretation of the statute is most accurate based on the text, structure, and punctuation. This Follow Elura on Twitter @elurananos. The new ruling defines "mental incapacitation" in Minnesota as only referring to intoxication against one's will or knowledge. Kelly Moller, a Democratic state lawmaker, issued a statement after the court ruling urging the passage of the bill. Later she blacked out and said she woke up to the man, Francios Momolu Khalil, raping her. The woman, identified in court documents as J.S., met Khalil outside a bar in Minneapolis in May 2017. Thank you for loving me back. Though advocates say the ruling . Who is Francois Momulu Khalil? If Mollers bill succeeds in making voluntary drunkenness grounds for a rape charge, prosecutors will still have to explore the defendants knowledge of the victims state of mind. 7 (2020)., The court specified that distinguishing between a victim whod become drunk on her own and one who was involuntarily intoxicated wasnt a whim of the courts. The woman, identified only by her initials J.S., testified that she blacked out on the couch and later woke up to find Khalil raping her. The woman then lost consciousness and woke up between 7 a.m. and 8 a.m. with her shorts around her ankles, she testified. 27-CR-18-4880 Keith Ellison, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer . Felony rape charge doesnt apply if victim got, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Tumblr (Opens in new window), Submit to Stumbleupon (Opens in new window), Felony rape charge doesnt apply if victim got drunk on her own, Minnesota Supreme Court rules, Authorities identify man fatally shot by Duluth police last week, Gunman gets 23 years for killing 15-year-old student outside Richfield school, Minnesota BCA says 8 schools around state received hoax shooting calls this week, Transgender woman violently assaulted at Minneapolis light rail station; 2 suspects charged, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Law enforcement leaders: DNA testing takes months, MN crime lab needs money, Local chef and his cousin identified as St. Paul double homicide victims, We all saw it coming: Harding teachers flagged violence long before fatal stabbing, St. Paul man gets 11 years for fatally shooting duplex neighbor, WWII machine gun seized in Washington County now headed to Camp Ripley museum, Special St. Paul school board meeting after fatal stabbing yields 63 speakers, 'We all saw it coming': Harding teachers flagged violence long before fatal stabbing, St. Paul man dies after fall from Edina construction site, Minnesota GOP pitches tax rebate checks, Social Security tax cut, Long-lost ship found in Lake Huron, confirming tragic story, Jessie Diggins adds another gold medal, and U.S. first, Hello, Empire: Dakota County is home to a new city and first-time mayor, For perfectly cooked rice every time, try your microwave, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. 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Franois Khalil Photos. 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. The Minnesota Supreme Court overturned a felony rape conviction in a ruling last week because the woman was intoxicated by her own will during the alleged assault. document.querySelector("#ads").addEventListener('click',function(){ 258 likes. On Wednesday, the Minnesota Supreme Court overturned the conviction of Francios Momolu Khalil, who stands accused of sexually assaulting a woman in 2017. However, for first time offenders, this would result only in a gross misdemeanor, not a felony. 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. . The two called for a ride and left the house. Our laws must clearly reflect that understanding, and todays Supreme Court ruling highlights the urgency lawmakers have to close this and other loopholes throughout our (criminal sexual conduct) law, she said.Related Articles Last week, the Minnesota Supreme Court issued its decision in State of Minnesota vs. Franois Momolu Khalil. Under Minnesota law, someone only qualifies as mentally incapacitated if they do not drink or take drugs of their own free will. REPORTING AGENCY. Khalil approached her outside a bar and lured her to a house with a story of a party going on inside. Top editors give you the stories you want delivered right to your inbox each weekday. State Rep. Kelly Moller, a Democrat, a co-sponsor of the bill and a prosecutor, said that charge does not go far enough. }); eventCategory: event.slot.getSlotElementId(), Khalil was originally charged with one count of criminal sexual conduct in the third degree involving a mentally impaired or physically helpless complainant, for which he was found guilty,. Animation Come and play on the islands with Momolu the panda and his friends. 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. 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. 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. Minnesota is among a majority of states that treat intoxication as a barrier to consent only if the victim became drunk against their will. ALL ARRESTS ARE MERELY First published on March 26, 2021 / 7:14 AM. A jury convicted Francios Momolu Khalil of third-degree criminal sexual conduct involving a mentally incapacitated or physically helpless complainant in violation of 609.344, subdivision 1 (d) (2020). It turned out there was no party, and the woman. The third-degree criminal sexual conduct that Khalil was charged with involves the assailant knowing that the victim is mentally capacitated. According to the relevant, , mentally incapacitated means that a person is under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the persons agreement, lacks the judgement to give a reasoned consent to sexual conduct or sexual penetration. During the district court trial the jury was told, Mr Khalil knew or had reason to know that [J.S.] In response to the ruling, state rep. Kelly Moller said she is sponsoring legislation that says consent can't be given if a victim is incapacitated, even if they voluntarily took drugs or alcohol. The states highest court granted the defendant a new trial in the case, but made sure to clarify that any blame rested with those who drafted the law and not those who merely must interpret it. if(document.querySelector("#adunit")){ Mugshots.com makes every effort to insure the accuracy of information posted on this website. She woke up to find Khalil penetrating her, per the decision. AP Photo/Jim Mone Rape victims who get drunk on their own aren't "mentally incapacitated," They adopted our arguments. },false) A Hennepin County jury in 2019 convicted him of third-degree criminal sexual conduct. Minnesotans who experience unthinkable trauma deserve to see the Legislature take action on this immediately," she said further. Khalil argued that the district court was incorrect in affirming this reading of the statute and that in order for a person to be mentally incapacitated the alcohol must have been administered to without the persons agreement. Francios Momolu Khalil , Appellant, APPELLANT'S BRIEF KEITH ELLISON Minnesota State Attorney General 1800 Bremer Tower 445 Minnesota Street St. Paul, MN 55101-2134 MICHAEL 0. "Victims who are intoxicated to the degree that they are unable to give consent are entitled to justice. Our laws must clearly reflect that understanding, and today's Supreme Court ruling highlights the urgency lawmakers have to close this and other loopholes throughout our CSC law," Rep. Moller said. arrest? ga('ads.send', { Instead, his lawyers argued that the victim wasnt mentally incapacitated, as required under the states third-degree criminal sexual assault law. A19-1281. eventCategory: event.slot.getSlotElementId(), and never had sex with her. "No, I don't want to,". Baby Mia Jade Riley: Parents Lani and Tom Riley speak out after dog attack killed their 5-week-old infant, 'We have lots to reveal': Madeleine McCann lookalike Julia Wandelt posts footage of meeting with PI probing claims, Kyle Sambrook: Hiker falls 100ft to death while carrying his dog in one hand through 'appalling' weather, Killer mom Lindsay Clancy was suffering from drug withdrawal and had 'worst side effects,' says friend, Bruce Willis's mom Marlene 'not sure if her son still recognizes her' as 'aggressiveness' creeps in. In the reportedly unanimous decision written by Justice Thissen, the state Supreme Court said the lower court's definition of mentally incapacitated in this case "unreasonably strains and stretches the plain text of the statute" because the victim was drunk before they met their attacker. document.querySelector("#adunit").addEventListener('click',function(){ In 1997, Washington D.C. native Momolu Stewart was sentenced to life in prison for his role in the shooting death of Mark Rosebure. Judge Thissen's decision just clarifies that our law needs to be fixed through the Legislature, not through courts," she said. 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.. Courts that used to require women to prove that they displayed utmost resistance to unwanted sexual activity now apply what Hasday characterized as a more realistic understanding of how consent typically happens. ACCOUNTABLE FOR THE HUMANE TREATMENT OF ARRESTEES. ga('ads.send', { The ruling also poured fuel on an effort in the Minnesota legislature to expand the states definition of mentally incapacitated to include voluntary intoxication so that defendants such as Khalil can be convicted of more serious offenses. reporters on a platform technologically tailored to meet the needs of the modern reader. On March 24, the Minnesota Supreme Court overturned the conviction of Francios Momolu Khalil, who was accused of sexually assaulting a woman in 2017. In practical terms, its a nightmare for prosecutors: In February, a group of experts and sexual assault survivors, tasked by the Legislature with examining Minnesotas laws, slammed the states definition of mentally incapacitated as a "significant roadblock" for prosecutors hoping to punish assailants in cases where someone got voluntarily intoxicated and couldnt consent to sex. OPEN RECORD LAWS WERE WRITTEN TO PROTECT THE PUBLIC; BY Of the nearly 10 million U.S. women who have been raped while intoxicated, according to background in the court opinion, Moller said most become drunk by choice. He was a fragile human being . Published mugshots and/or arrest records are previously published public records of: an arrest, an indictment, a registration, supervision or probation, the deprivation of liberty or a detention. @ Loved. The victim was intoxicated because shed consumed five shots of vodka and one pill of a prescription narcotic. ga('ads.send', { Arrest or booked:An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system. Authorities identify man fatally shot by Duluth police last week The decision Wednesday overturned Khalil's prior conviction of third-degree criminal sexual conduct, which had been upheld by an appeals court, and . She said he continued even when she said she didn't want to have sex. Minnesota care worker rapes Alzheimer's patient as her son watches on webcam. 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. Supervision of Information Technology (IT) managers and staffs in planning and implementations of various IT projects. Gunman gets 23 years for killing 15-year-old student outside Richfield school Sign up here. woke up, saw her shorts around her ankles, and immediately recalled the events of the evening. here to search for other Francios Momolu Khalil, All original material at this website is subject to copyright. Because there is a lack of reasonable doubt that the instructions the jury were given by the district court did not impact Khalils conviction, the district court is required to hold a new trial. "There are a lot of people who are told when they report now, and when their case is referred to a prosecutor that essentially their sexual assault was technically legal. window.googletag.pubads().addEventListener('impressionViewable', function(event) { The appearance of the likeness and/or name of any person on mugshots.com is not an allegation by mugshots.com that the person has in fact engaged in any of the activities or crimes for which they have been charged. Personality/celebrity judge Jeannie Mai, model wearing the design of winner Ognen Trpeski and celebrity judge Korto Momolu attend "Knock Out Hunger". A defendant is presumed innocent unless proven guilty and convicted. J.S., as per court documents, told Khalil, No, I dont want to. Khalil replied, But youre so hot and you turn me on. J.S. constitutional, publishing, and other legal rights. Sexual assault survivors and advocates decried the ruling but said they weren't surprised. As mentioned in a footnote in the decision, the Minnesota Legislature formed a Criminal Sexual Conduct Statutory Reform Working Group to review state criminal sexual conduct laws and make recommendations, which they did in January 2021 as the case was pending before the Minnesota Supreme Court. FROM THOSE SAME LAWS. The woman met Khalil after she was refused entry to a bar because she was too intoxicated. After telling him to stop, she then passed out again. Almost half of all women in the U.S. have been sexually assaulted in their life, including an estimated 10 million women in the U.S. have been raped while under the influence of alcohol or drugs, Thissen wrote, citing a brief in the case. Josh was good at baseball once. . The 24-year-old is currently serving a five-year sentence at the Faribault state prison. The ruling comes in the case of man who was accused of sexually assaulting a woman he met following an incident where she was denied entry to a bar for being too drunk. The term is Anglo-Norman in origin and is related to the French word arrt, meaning "stop". The Courts role is not to determine the accuracy or propriety of a decision made by a duly elected branch of government, but to interpret and carry out such legislative directives. She lost consciousness again. She woke up to. And regardless of the Minnesota law, in reality, someones liver isnt going to magically process alcohol differently depending on whether theyve done shots for fun or someone forces them. Minnesota pedophile sexually assaults girlfriend's 4-year-old twins, infects them with gonorrhea, Who is Olabamidele Olumide Bewaji? Fugitive in $18 million COVID fraud scheme extradited to U.S. }); TO BE CLEAR: WE DO NOT ACCEPT PAYMENT FOR A person under the influence of alcohol is not mentally incapacitated unless the alcohol was administered to the person under its influence without that persons agreement, wrote Justice Paul Thissen in a decision that upended Khalils conviction and sent his case back down to the lower courts for a trial. } The term is Anglo-Norman in origin and is related to the French word arrt, meaning "stop". Click And were very, very pleased about that, Walker said. An unfamiliar man invited both women to a party at his place, and they accepted. The court went on to explain that not only was this result essentially intentional on the part of the legislature, but it was also a result of recent drafting and not some relic of the past. Access your favorite topics in a personalized feed while you're on the go. This material may not be published, broadcast, rewritten, or redistributed. In a divided opinion, Rape victims who drink willingly not 'mentally incapacitated', rules Minnesota SC. In a unanimous decision written by Justice Paul Thissen, the state Supreme Court said the lower court's definition of mentally incapacitated in this case "unreasonably strains and stretches the plain text of the statute" because the victim was drunk before she met her attacker. Arrt, meaning `` stop '' with a story of a party its... Statement after the court ruling comes to show that there are many legal loopholes that relate sexual. Broadcast, rewritten, or redistributed for other Francios Momolu Khalil, No, don... They are unable to give consent are entitled to justice, '' she said further stop. Stories you want delivered right to your inbox each weekday staffs in planning and implementations of IT! Very pleased about that, Walker said a platform technologically tailored to meet needs... Specialties: Designing, Configuring IT Infrastructure utilizing VSAT or All original material at this website is to! '' she said he continued even when she said he continued even when she said he continued when. And the woman then lost consciousness and woke up to find Khalil penetrating her, the... So hot and you turn me on weren & # x27 ; t surprised case highlights important... Interview, Khalil stated that he did not remember J.S., as per court documents as J.S. met... Per court documents as J.S., met Khalil after she was refused entry to house! Origin and is related to the degree that they are unable to give consent are entitled justice! Action on this immediately, '' she said up, saw her shorts around her ankles, she then out. Assault survivors and advocates decried the ruling but said they weren & # x27 ; t want to have.! 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