Sexual Assault Awareness Month Series Part 2: Bringing Home The Minnesota Case

Last week, the Minnesota Supreme Court issued a worrying ruling. It’s crucial that we talk about what this could mean. Photo from pixabay.com.

This Sexual Assault Awareness Month, the Minnesota Supreme Court has turned heads nationally as they ruled against the victim in a rape case where the woman had consumed alcohol before the assault. 

“A Minnesota man can’t be charged with felony rape because the woman chose to drink beforehand, court rules” The Washington Post headline read on March 26th 2021, just days before Sexual Assault Awareness Month began in April.

The court unanimously ruled that because the woman involved was drunk and chose to drink, she was “mentally incapacitated” and the man who sexually assaulted her could not be held responsible. This ruling was shocking for many given the situation, but also sets worrying legal precedents.

“The ruling also poured fuel on an effort in the Minnesota legislature to expand the state’s definition of “mentally incapacitated” to include voluntary intoxication so that defendants such as Khalil can be convicted of more serious offenses,” Marisa Iati from The Washington Post said.

We spoke to one passionate Elon student, Julia Kurth from Minneapolis, Minnesota, who feels heavily impacted by the case.

“I’m scared for myself and pretty much all women in Minnesota,” says first-year Kurth about the recent Minnesota court case. 

“Initially when I heard about the law it didn’t feel real because it was so shocking,” Kurth says. “I didn’t think my state was capable of creating a law that would put women in danger like this. This law essentially legalized rape and I didn’t think something this horrifying could ever be real.”

Kurth, among other Minnesotans, are concerned about the law and feel that it undermines sexual assault and takes back everything they had learned about it. “I think this only further enables predators and rapists to sexually assault women and face no consequences for their actions,” Kurth continues. “The law gives rapists and green light to sexually assault people and know they won’t be held accountable in any way” 

More personally, Kurth is worried about her hometown in Minnesota and is concerned for the safety and well-being of her friends. As she is a first-year student at Elon right now she is away from home, but is worried for when she returns and is overall displeased with the court case.

“I’m worried about my friends from home,” Kurth says. “If they have one drink and are sexually assaulted they can’t do anything about it regardless of their level of intoxication. This law makes Minnesota a place where women can’t feel safe to be out. I’m sure women will be more hesitant to go to bars or have a drink with friends because there will be predators that will use this law to their advantage and that’s what scares me the most.” 

Kurth is hoping that people in the state will stand up and fight this law. She leaves us with this last piece of advice and hope to all Elon students: 

“Minnesota and Minneapolis specifically are full of people who know how to use their voice to make a change so I feel confident that the people will express their disappointment in the law and do all that they can do to undo it or change it, myself included,” she says. “There have already been protests taking place and petitions being signed. I encourage everyone to sign petitions and speak out regardless of where you’re from or what gender you identify as.”