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IntersectNews team

Voluntarily Intoxicated - It's not Rape?

Last week, the Minnesota Supreme Court overruled a felony rape charge due to the victim being voluntarily intoxicated. Under Minnesota law, “criminal sexual conduct in the third degree” is a charge given only when someone is taken advantage of sexually, with the offender being aware of or having reason to know that the victim is “mentally incapacitated”. This is when the victim is under the influence of drugs, alcohol, or anaesthesia against their will. The Minnesota Court ruled that a victim is not “mentally incapacitated” when under the influence by choice. The ruling overturned the offender's conviction.


Clearly, the decision is a failed attempt at justice. So what were people doing to change it?

A spokesperson for Hennepin County Attorney's Office told CNN that they “understand the court's decision and... are working with the Minnesota legislature to change the wording in the law to overcome the court's objections".


This doesn’t solve the problem. The ruling concerning “mental incapacity” was unanimous, highlighting how victim-blaming is a widespread problem, and is very prominent in the justice system. Women’s rights groups have noted that this law is applied similarly in around 40 states.


Being voluntarily intoxicated does not equal consent. This wasn’t one unfortunate case. This is a widespread problem.


Written by Jess Urquhart

Artwork by Mrishana



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