In Minnesota, third-degree criminal sexual conduct cases are often complex, especially when they involve claims of mental incapacitation due to alcohol or drugs. One of the most common charges seen in these cases is third-degree criminal sexual conduct, which can involve situations where the alleged victim was mentally incapacitated at the time of the incident.
Let’s break down what that actually means and how it plays out in legal terms.
What Does “Mentally Incapacitated” Mean?
In Minnesota, there are two primary forms of mental incapacitation recognized by law:
- Substances Given Without Consent: This involves situations where someone is drugged without their knowledge—commonly referred to as being “roofied.” However, this isn’t the focus of most cases.
- Voluntary Consumption of Substances: This is the more frequently charged type of mental incapacitation. According to Minnesota law, a person is considered mentally incapacitated if they are under the influence of alcohol or drugs to the point that they are incapable of consenting to sexual activity. They may also be unable to appreciate or understand the situation, or they may be unable to control their own conduct.
Common Scenarios
In third-degree criminal sexual conduct cases involving mental incapacitation, a typical scenario might be that the alleged victim was drinking or using drugs. Later, they report to the police that they don’t remember parts of the encounter—they may have blacked out or been too intoxicated to physically resist. In these cases, the prosecution often charges both mental incapacitation and physical helplessness. However, for the purposes of this post, we’ll focus on mental incapacitation.
The Difference Between “Blackout” and “Passing Out”
It’s important to understand the distinction between these two terms, as they can have significant implications in court:
- Passing Out: This is what most people think of when they hear that someone is “too drunk”—the person can’t move, speak, or respond, almost as if they’re asleep.
- Blackout: A blackout is different. Someone experiencing a blackout may still be physically capable of engaging in activities, including sexual activity, and can appear to be in control. However, due to the way alcohol affects the brain, they might not remember certain parts of the night or even have complete memory loss of events.
From a legal standpoint, a blackout doesn’t automatically mean the person was mentally incapacitated, but it’s a key issue that needs to be carefully explained to the jury in a trial. The jury must assess whether the person was mentally incapacitated and incapable of consent at the time of the alleged incident.
A Real Case Example
In a recent trial, the prosecution charged both mental incapacitation and physical helplessness. The woman in this case had been drinking with the accused, and both parties agreed that they were intoxicated. The question became whether she was so intoxicated that she was mentally incapacitated—unable to appreciate or control what was happening—or physically helpless, unable to resist.
The defense brought forward scientific evidence to show that while the woman may have experienced a blackout, it didn’t necessarily mean she was mentally incapacitated at the time. The jury had to weigh whether her level of intoxication rendered her incapable of consenting, or if she was in a blackout state where she could still function but later forgot parts of the event.
Mental Incapacitation and Third-Degree Charges
Typically, when someone claims they were too drunk or high to consent, the charge falls under third-degree criminal sexual conduct. However, depending on the circumstances, the prosecution may charge higher or lower degrees of criminal sexual conduct.
Conclusion
Cases involving claims of mental incapacitation due to alcohol or drugs are highly nuanced. Each situation is unique and requires a thorough examination of the facts, scientific evidence, and legal definitions. If you or someone you know is facing a criminal sexual conduct charge in Minnesota, it’s important to have an experienced defense attorney who can navigate these complexities and present a strong defense.
If you have any questions about criminal sexual conduct cases, feel free to contact criminal defense attorney Ryan Pacyga at 612-339-5844.