On Wednesday, the Minnesota Supreme
Court overturned the conviction of
Francois Momolu Khalil,
who stands accused of sexually
assaulting a woman in 2017.
He picked up a woman who'd been
turned away from a bar for
being too intoxicated,
invited her to a party.
And then he took her back to his
house, where there was no party,
as detailed in a 6-0 Supreme Court
decision.
Now this decision's going to be
easy, right?
6-0, this guy is terrible
as you're about to see.
Hold, it's shocking and
terrible which direction this went.
They explained further, the woman
who'd taken shots at a prescription
narcotic before meeting Khalil fell
asleep on his couch.
She woke up to find
Khalil penetrating her.
It is such a disturbing story.
Later on, they explained she lost
consciousness again.
When she woke up sometime after 7
in the morning, she saw her shorts
around her ankles.
Now as if this horrific rape wasn't
bad enough,
now comes the horrible twist.
They explained, in his appeal,
Khalil didn't challenge that
version of events.
He also did not challenge
prosecutors' argument that he knew,
or could have figured out, that the
victim was extremely intoxicated.
Instead, his lawyers argued that
the victim wasn't mentally
incapacitated, as required under
the state's third-degree criminal
sexual assault law.
Under that law, someone qualifies
as mentally incapacitated only
if they do not drink or
take drugs of their own free will.
So it counts as incapacitated if
somebody gave you the drugs or
alcohol.
But if you had a beer on your own
in Minnesota,
you can be legally raped.
It went 6-0, saying they were moved
it to a lower court and they ruled
in his favor, that's unbelievable.
Adrienne, you're a legal expert,
how can this be true?
Isn't this the most dangerous thing
you've ever seen?
>> This is absolutely unfortunate,
and this gentleman is disgusting.
And I have no problem with this
full prosecution
to the extent possible.
But unfortunately this ruling was
correct, and the Minnesota Supreme
Court did the right thing.
And what they're essentially saying
here is that, under the law, it's
defined as mentally incapacitated
for it to be third-degree criminal
sexual assault.
That requires the individual didn't
drink or take the drugs of their
own free will, because that's what
mental incapacitation is.
Because the law requires that you
have formulated the ideas in your
mind that you're able to do
the things that you're doing.
So if you're driving and
you're drunk, then you can be
mentally incapacitated if for
some reason maybe someone spiked
your drink and you had no idea.
But otherwise you can't be, and so
there are a lot of defenses
under the law.
And the way it's structured is such
that to be mentally incapacitated,
you did not do this incapacitation
of your free will.
And so what
the Minnesota Supreme Court did is
they stuck to interpreting the law.
And it sucks, but at the same time,
it's the only way the other laws
will hold up.
And what they're saying is
legislature, you need to change the
law, because we know this is wrong.
And they even noted that in
the footnote, we know that morally,
ethically, this is not okay.
You need to change the law and
you know it.
And so apparently, there's supposed
to be legislation on the books
right now being proposed to change
this to cut out these loopholes, so
that you can't just rape people.
It's not okay.
>> Yeah, I want to be clear here as
we go that what Adrienne is
saying is that the Supreme Court
unfortunately ruled correctly based
on the law.
The law is what the problem
is in Minnesota.
And so right now,
it's a nightmare situation.
And if you have a beer on your own
and you get incapacitated because
of that, technically somebody can
get away with raping you.
And that cannot stand,
they must change that law tomorrow.
We'll talk a little bit more about
this in the Post Game as well for
our members, because I want to let
Wos weigh in on that too.
And then we'll also do
some lighter stories.
So tyt.com/join to become a member
or hit the Join button below.
>> It's always kind of shocking
to sort of confront how much, So
many people hate women,
it's kind of crazy.
And I'm not even just talking about
the guy who raped this young woman.
I'm talking about the legislators,
the people who put these laws
on the books, right?
This idea that you deserved it or
you knew what you were doing, or
it's your fault, etc, etc.
Adrienne brought up a wonderful
point, the six justices.
They just read the law and
interpreted it correctly.
And it needs to be changed in
another part of this like, yeah,
this guy needs to
be prosecuted for sure.
And I do wonder because I don't
think this gets talked about enough
when we do talk about rape,
because I don't know why we have
such a punitive jizz culture.
I wonder how much is being done for
this young woman to recover,
to get her life back.
What kind of resources
are available to a person who gets
victimized this way?
I wonder about that.
Obviously, I want to see this guy
get his just due, but I wonder how
this poor woman is carrying on
after experiencing something so
horrible and traumatic.
And then the people who
are supposed to be protecting you
and helping you.
They have these horrible
laws on the books that
are basically anti your existence,
loathe your existence as a woman.
It's awful, there's just no other
way to put it.
>> The system is so
stacked against minorities, women,
etc, that you have to make points
like this for you to breakthrough
to right-wingers.
The reality is if you're a guy who
drinks too much and passes out in
Minnesota, you can also be raped.
So I bet if you set it like that,
that law would be changed within
the week, and it's true, right?
It just doesn't happen that often,
it happens in other contexts,
sometimes in prisons and military,
etc, right?
But if you told guys, hey,
if you pass out at a frat party,
you're open season,
anybody can rape you.
They'd be like what?
[LAUGH] >> What, right? But
this law has been on the books for
decades in Minnesota and nobody's
batted an eye, it's amazing.
So look, if I keep going,
it'd take half an hour a day to
vent my anger on.
Look, growing up, I didn't
know how bad patriarchy was, but
you gotta open your mind and
perspectives to see other people's
perspective, okay?
And understand we were all taught,
I call it software, right?
We were all brainwashed to
believe certain things.
And unfortunately, our society
brainwashes you that white males
are supposed to get everything and
everybody else has to be
apologetic and asked for it.
And you could set the rules against
those folks and
it's perfectly normal.
They made us believe it's normal
and it's not normal.