Lawmakers on both sides of the aisle are pushing to change Minnesota law after the state Supreme Court ruled Wednesday that someone who is raped while they’re intoxicated is not considered “mentally incapacitated” unless they were given alcohol or drugs without their consent. Democratic Representative Kelly Moller from Shoreview contends it makes it more difficult to get sexual assault convictions:
“The tools aren’t readily available for prosecutors in those situations now, where a victim is what we call voluntarily intoxicated and then is sexually assaulted.”
Republican Marion O’Neill from Maple Lake says the Supreme Court ruling underscores the need to change criminal sexual conduct laws to reflect that all victims unable to consent need justice — not just those who have been forcibly intoxicated.
Representative Moller says under her bill, the prosecution still must prove their case beyond a reasonable doubt:
“They have to prove that the defendant knows, or has reason to know, that the victim is mentally incapacitated or intoxicated such that she can’t consent.”