Red Lake Nation News - Babaamaajimowinan (Telling of news in different places)

Minnesota Senate considering bill to redefine 'mentally incapacitated' for rape victims


Rep. Kelly Moller, DFL-Shoreview, is sponsoring a bill to address gaps in the state's criminal sexual conduct laws. LEILA NAVIDI • STAR TRIBUNE

Anne Toohey was enjoying a girls night with takeout and wine in 2019 when her friend's male roommate came home and joined the festivities.

Friends put Toohey to bed after the wine mixed with her prescription medication took an unexpected toll. Her next cloudy memory was of her friend's roommate creeping into the guest room and kissing her while she repeatedly pleaded with him: "I'm married, I love my husband."

After realizing she was raped and reporting it, she was told she wouldn't get justice in court because state law didn't consider her physically helpless and defines a victim of sexual assault as "mentally incapacitated" only if the person was forcibly drugged - not if someone was voluntarily intoxicated.


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