Rape & Abuse Crisis Center Reacts to overturned sexual assault case

A Minnesota Supreme Court reversed a court decision from 2019 rape case

FARGO, N.D. (KVRR) – A recent Minnesota Supreme Court ruling is getting backlash from victims and victim advocates of sexual assault.

“The consequence of drinking too much is a hangover. No one should expect to be assaulted because you drank too much,” Support Services Supervisor Tina DeLaCruz said.

When news of the the Minnesota Supreme Court overturning a 2019 case of a sexual assault was released, many were shocked and appalled with the outcome. In the decision, judges ruled in favor of a man convicted of raping a woman who said she was passed out drunk at the time.

“The initial reaction was outraged and disappointment,” Rape and Abuse Crisis Center CEO Chris Johnson said.

A Rape and Crisis Center official says the ruling is a setback for female rape victims in this generation.

“We talk on a pretty regular basis about the barriers that victims face when they are considering whether or not if they will like to reach out for services. This doesn’t help that this adds another thing that people have to take into consideration that you know evaluating if the system can bring them justice,” Johnson said.

What the state’s highest court based its decision on was the definition of mentally incapacitated meaning that it doesn’t include a person who becomes drunk after voluntarily consuming alcohol or drugs.

The decision reverses the conviction and orders a new trial for the defendant.

“Assault is assault and the only person responsible for the assault is the person that assaulted the other person,” DeLaCruz said.

“The key is consent. Consent is really the foundation of any health consensual relationship, so if someone is inactivated or blacked out or or passed out or has a general medical condition that doesn’t allow them to give consent then consent can’t be given,” Johnson said.

Click here to contact the Rape and Abuse Crisis Center.