The New Sexual Assault Laws in Minnesota, Part 2 - Mental Incapacity
There are three major changes in the criminal sexual conduct laws here in Minnesota in 2021. These are not minor changes and can absolutely impact how cases are charged and what people may face. The three changes involve:
Mental Incapacitation - Think “Date Rape”
Part 2 will focus in on the definition of mental incapacity. See the links above for the other changes.
Mental Incapacity
In 2021, the State of Minnesota widened the definition of mental incapacity. While it might sound obvious, the law requires that all sexual contact must be between consenting people of a certain age. The ability to give consent goes to their mental capacity. Hence, a child simply doesn’t have the mental capacity to give consent, whether they say yes or not. A person who is unconscious can’t say yes because they are mentally incapacitated, etc.
Simply put, according to the new statute, a couple can voluntarily go out, voluntarily drink until they are both voluntarily under the influence and then they CAN’T voluntarily have sexual contact. Neither has the mental capacity to say “yes.” Seriously.
According to the new definition of mental incapacity, there are two parts. Part 1 of the definition has not changed. It is part 2 where the change occurs.
“Mentally incapacitated" means that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or
That a person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person’s conduct.
Under the previous law, which still exists and is codified under part 1 above, the idea was if a person was unknowingly drugged, roofied, or essentially fed sufficient amounts of alcohol until that person was under the influence of alcohol, they were simply incapable of providing consent to sexual contact. They were mentally incapacitated and therefore incapable of saying “yes.” This was the justification for criminal sexual conduct charges.
The new law goes further. It really addresses the question of voluntary intoxication. In the context of the statute, this generally applies to circumstances involving “date rape.” So, in this broadly written statute, if you receive consent from somebody to have sexual contact, if that person is under the influence of drugs or alcohol, they don’t have the mental capacity to give consent and you can be charged with criminal sexual conduct under the statute.
For more on Sex Crimes, Go to Jack Rice Defense Sex Crimes Page.
Simply put, according to the new statute, a couple can voluntarily go out, voluntarily drink until they are both voluntarily under the influence and then they CAN’T “voluntarily” have sexual contact. According to the statute, neither has the mental capacity to say “yes.” Under these circumstances, either or both of these people could face criminal sexual conduct charges depending upon how the police and prosecutors choose to handle the case. This is the current state of the law in Minnesota.
If you are facing possible exposure to criminal sexual allegations because of a date rape allegation, you may be standing on a the edge of a cliff and not even know it. This is a rape charge and can mean prison, sexual predator registration and more. This could change absolutely everything. You need to sit down with an experienced criminal defense lawyer as soon as possible.
Jack Rice, the Founder of Jack Rice Defense is a former prosecutor, Board Certified Criminal Law Specialist and an experienced Minnesota Sex Crimes criminal defense attorney. If you are concerned about a possible charge, sit down with Jack for a free consultation.