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Abstract: 

This article uses the case of State of Minnesota v. Francois Khalil to explore the ways in which the voluntary intoxication of a sexual assault victim may or may not fit the court definition of “mental incapacitation.” Under Minnesota law, voluntary intoxication cannot form the basis for a lack of consent on the part of the victim. Unfortunately, rapists may try to use this loophole to their advantage. Strikingly, among the significant proportion (84%) of sexual assault victims who do not report their assault to law enforcement, in comparison with other victims, those who endured drug-facilitated or incapacitated sexual assault were significantly less likely to report the incident to law authorities.

Keywords: Alcohol Use and Sexual Assaults

Affiliations:  1: Editor, Sex Offender Law Report.