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Abstract: 

In Minnesota, rape of a person so intoxicated she cannot give consent demands a second failure of consent—that is, lack of consent to the consumption of the intoxicating substances. This second “consent” requirement is not present for other types of sexual assault: mental incapacity to give consent due to intoxication is limited to instances when the individual was forced to ingest incapacitating substances, had her drink or food spiked with drugs, or was given drugs or alcohol in some other way without her knowledge. This article analyzes the recent Minnesota State Supreme Court decision in State v. Khalil that upheld the statute.

Keywords: Consent; Self-Induced Intoxication

Affiliations:  1: Editor.