A recent ruling by the Minnesota Supreme Court states that a person who voluntarily consumes alcohol cannot be considered mentally incapacitated by law. To that end, any person who is sexually assaulted while under the influence cannot claim this mental incapacity. The offender cannot be charged with felony rape and will not be recorded on the Minnesota Predatory Offender Registry (Star Tribune).
I live in a college town. The University of Minnesota exists in its own little bubble, largely separate from the greater Minneapolis area. The neighborhoods surrounding me are populated with student housing and apartment complexes. There are frat houses, sports stadiums, bars—all contributing to a not-insignificant party culture. This is not unique to my school. People drink here, as they do on any campus, in any city, in any state. For many, it’s a part of the college experience. The only difference here is that people drink at great personal risk, endangered by a government that does not extend them any protections.
This ruling contributes to a culture that consistently attempts to blame victims for their circumstances. If the voluntary consumption of alcohol cannot lead to mental incapacity, then women take their personal safety into their own hands every time they drink. There is no allowance for intoxicated behavior; any uninhibited fun that drunkenness may offer is overwhelmed by the awareness of complete vulnerability. There is no safety net for a drunk woman. Instead, there is support for her abuser, the person who will not respect that she cannot give consent, and the person who will not be charged with a felony for this malicious oversight. This perpetuates a gross societal double standard—victims are held accountable for the actions of their abusers, while the abusers escape full retribution for their actions.
The Twin Cities have seen significant objection to this decision. A bill written by Minnesota State Representative Kelly Moller has been introduced to combat the legislation that makes a ruling like this possible. The Minnesota Student Association here on campus is advocating for support of this bill (MN Daily). Community- and student-led protests on the capitol within the last few weeks have similarly embodied this cry for change (CBS Minnesota). These acts of support for victims give me hope for change in the future. Tomorrow, I will celebrate with my peers as harmful policies are replaced by ones that effectively serve the community. Today, though, I worry.
I fear for my classmates and fellow citizens, dispossessed of the retroactive protections that fair legislation would provide. Unfortunately, laws do not prevent assault; the threat is still there, and it is all too real. However, there is some small comfort in knowing that justice would be served. In the complete absence of this justice, women are more at risk than ever before. I fear for the people in my life, who should not have to bear the weight of others’ crimes. I think of my roommates, my friends, all of my loved ones who are endangered by this blatant disrespect, and I wish that they lived in a kinder world. And I fear for myself.
I am not a Minnesotan by birth, but I have chosen it as my home. I will buy my first drink here. I’ll go to my first bar, my first party. And all the while I’ll be looking over my shoulder, looking out for my friends. The justice system will not protect us, so we must protect ourselves. https://pixabay.com/photos/capitol-building-dome-st-paul-239689/
Anna Schwartz
Hi! I’m Anna, and I’m studying English at the University of Minnesota–Twin Cities. I joined Survivors to Superheroes in order to help create a space for survivors to speak without fear of being spoken over. As an editor, my goal is to help survivors tell their stories on their own terms and in their own words. I hope that our authors can find freedom and empowerment through writing, as I so often have. In my spare time, you’ll find me baking (and eating) bread, watching bad movies, and singing as loudly as I can without incurring the wrath of my roommates.
