Remove the "Drunk Loophole" from MN Law!
Conversation on this bill with Sen Murphy, Sen Port and Erin May Quade
Call to action! Content warning for this post, which discusses sexual assault.
Recently, the Minnesota Supreme Court reversed the conviction of a man who raped a woman who was intoxicated of her own accord. https://www.mprnews.org/.../mn-supreme-court-reverses...
Currently, state law is clear in its definition of being "mentally incapacitated," which is limited to being impaired against one's will. Unfortunately, the law is limited in scope. This means that this case and many like it would still be considered criminal sexual conduct, but to a lesser degree, and the perpetrator would not be a felon nor would they need to register as a predatory offender. Rape is rape, and we have too long in this country both culturally and legally not treated it as such.
There is an effort in the Legislature, which the Court affirms is "institutionally better positioned" to address this issue, to change the statute to include being intoxicated as mental incapacitation (among other changes). Drunk people cannot provide consent for the same reason children cannot provide consent: it is not "informed." The burden should not lie on the victim.
Please contact your state legislators and express support for HF707 (to Representatives) and SF1683 (to Senators) to eliminate the "drunk loophole" from state law .We encourage you to also message members of the Senate committee responsible for this as it has not yet received a hearing.
Find your legislators: https://www.gis.leg.mn/iMaps/districts/
Contact members of the Senate Judiciary and Public Safety Finance and Policy Committee and most importantly the committee Chair (Sen Warren Limmer - 651-296-2159, email: https://www.senate.mn/members/email-form/1032) and urge them to give this bill (SF1683) a hearing.
Contact Sen. Senjem - 651-296-3903, email: sen.david.senjem@senate.mn - the author of the senate version of the bill (SF1683), and urge him to move the bill now.
More details here and in the video from Sen. Murphy’s Instagram video linked above.
We will be discussing this issue and calling lawmakers to get these bills, which have bipartisan support, passed at our next Time to Act on April 6, 6:00 - 7:00 pm. Join us!