Those drunk on their own can't be considered 'mentally incapacitated' in rape cases

[GMDino]

The people cited in the article called it a loophole because it was specifically added:

Quote:The ruling has garnered criticism from sexual assault survivors and advocates, including Abby Honold, who told MPR News that the language of the statute has always been a loophole that makes it difficult for sexual assault survivors to bring cases forward. 

"There are a lot of people who are told when they report now, and when their case is referred to a prosecutor that essentially their sexual assault was technically legal. It's always so heartbreaking to have to hear that from yet another survivor who came forward and reported," Honold told the outlet. 


In response to the ruling, state rep. Kelly Moller said she is sponsoring legislation that says consent can't be given if a victim is incapacitated, even if they voluntarily took drugs or alcohol.