Facts

Date Rape on TrialKathryn Suttle, Johb Sims, Hoda Muthana, and Brenda Sotelo

The PeopleMelissa Block22, Defendant

Frank Sowell22, Kyles brother

Kyle Sowell17, raped Nikki

Nicole Nikki Allen17, Plaintiff

Laura AllenNikkis sister

2The FactsNicole (Nikki) Allen went to a party at Melissa, Nikki's older sisters best friend, block's house.

The day before the party, Melissa bought many cases of beer and wine coolers from her local liquor store.

At the time of the party, Melissa was drunk and took Nikki to the side to introduce her to her boyfriend's seventeen-year-old brother, Kyle Sowell.

They started conversing and led up to them drinking a couple of beers and wine coolers.

Kyle's brother, Frank, encouraged Kyle to "score" with Nikki.

Nikki looked at her watch and decided it was time for her to leave but then Kyle insisted they should have a last drink and she gave in.

3The Facts (Continued)They sat under a tree and started making out. Kyle tried stripping Nikki of her clothes but she tried to push him away yet struggled to do so.

She yelled and cried for help but he kept forcing himself on her. He pushed her down roughly, forcing her to have sex.

She freed herself and called her sister Laura.

Nikki was afraid to tell her parents that she had been raped so Laura said she would catch a bus to help her with the situation.

Nikki and her parents decided to press charges against Kyle- he was convicted of second degree criminal sexual assault. 14The IssueShould Melissa be blamed for the rape of Nikki?

Should Melissa be sued for negligent provision of alcohol?Affidavits and Depositions Melissa BlockBought all alcohol for party

Kyle SowellGiven alcohol by Melissa

Nikki AllenGiven alcohol by Melissa

Estelle (Cashier at liquor store)Says she sold Melissa 7 cases of beer and 4 cases of wine coolers

Nancy Strommen (past girlfriend of Kyle)Says the behavior of Kyle isnt like him

Frank SowellEncouraged Kyle to drink to make it easier to have sex with Nikki

Applicable LawsPersons under 21; Illegal Acts related to alcoholSubdivision 2- Purchasing and providing it is illegal to sell give or provide alcohol to anyone under the age of 21.

Social Host liability and under age drinking If a person over the age of 21 years gives alcohol to a minor, knowing that the person is under 21, and then the minor causes damage or injury the provider should be held responsible for any damage or injury caused by the minor.

Civil Damages Act (1994)Subdivision 1. Cause of actionIf somebody suffers an injury by an intoxicated person in any of the following ways: bodily harm, property damage, financial loss, and ability to work. The person who suffered the injury can sue the person who caused the intoxication based on an illegal sale or provision of alcohol.

Applicable CasesCase Law 1. Jones v. Anytown Raceway, Inc. (Anystate 1995)In order to sue someone for negligence the plaintiff must prove the defendant had a responsibility that he or she did not meet.

Case Law 2. Holly v. Anytown Hotel (Anystate 1959)The defendant being sued for negligence does not have to know about a particular way in which someone might be hurt in an accident in order to be aware that there could be an accident. Defendants also do not have to be aware that a similar accident has occurred for them to know that there could be an accident.

Case Law 5. Black v. Ross, Inc. (Anystate 1989)Whether a person has responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen.

Case Law 6. Hegland v. Walcheck (Anystate 1994)The intoxication does not need to be the only reason for the harm; it only needs to be a contributing cause for the seller or person illegally providing to a minor to be legally liable for the harm. Other Information84% of women who are raped know their assailants

57% of rapes occur on a date

75% of male and 55% of female students involved in date rape had been drinking or using drugs

Women, ages 16-24, have four times higher risk of being raped than any other population group

Drinking interferes with communication between partners. Discussing what you do and don't want is difficult in an impaired state

A woman is more likely to place herself in a potentially dangerous situation if she has been drinking.

What the outcome should beMelissa should be sued for negligent provision of alcohol to minors. And she should be held partially responsible to for the rape of Nikki Allen.

Works Citedhttp://www.k-state.edu/media/webzine/Didyouhearyes/daterapefacts.html

http://rwu.edu/campus-life/health-counseling/counseling-center/sexual-assault/rape-myths-and-fac

http://www.k-state.edu/media/webzine/Didyouhearyes/alcohol.html

http://www.virtualtourist.com/travel/South_America/Brazil/Estado_do_Rio_de_Janeiro/Rio_de_Janeiro-1504237/Packing_Lists-Rio_de_Janeiro-TG-C-1.html

http://www.envisioncounsellingcentre.com/date-rape-drugs.html

http://www.sodahead.com/entertainment/observe-and-report-date-rape-scene-is-this-inappropriate/question-316931/?link=ibaf&q=date+rape

Class Action - Case 4 - Date Rape - Closing ArgumentsClass Action - Case 4 - Date Rape, track 4/4, disc 4/4190025.42eng - iTunPGAP0eng - iTunNORM 00000214 0000021F 00002610 00002610 0001C48D 0001C48D 000061D9 00006332 00000392 00000392eng - iTunSMPB 00000000 00000210 000009A8 00000000007FD148 00000000 0039EC92 00000000 00000000 00000000 00000000 00000000 00000000eng - iTunes_CDDB_12E061C04+117481+4+150+25230+49079+103235eng - iTunes_CDDB_TrackNumber4