Date Rape David Mayers Jamal Lucas Mohammed Saleh Zac Boswell David Mayers Jamal Lucas Mohammed Saleh Zac Boswell

Date Rape: “Rape committed by someone that the victim is dating.”

BackgroundBackground Nicole Allen, a high school student age 17 years old, was invited to a college party by her sister’s friend Melissa. At the Party Nicole meets this boy named Kyle Sowell thanks to the help of Melissa and her boyfriend. They grab a couple of beer and talk, Nichole gets the idea that he is a “Nice guy” so she keeps the conversation going. little did she know that Kyle and his brother have this reputation of hitting on girls and leaving them. At one point Kyle suggested to get out of the house party to get some fresh air Nicole agreed to the suggestion. little did she know what Kyle had in mind. When they reached the woods they talked for a few minutes and then things started getting spicy and a make out session starts....unfortunately for Kyle he wanted more than just a make out session, he wanted to go a bit further. Nicole did not, she had tried to get him off but he was too strong for her. Unfortunately Kyle had done what he wanted to do and that can not be changed. However, Nicole’s family pressed charges against him, and he was convicted of rape. They also pressed charges against Melissa because they thought that Kyle could not be blamed for everything. Melissa was sued for negligence of alcohol distribution.

Key Figures

Nicole Allen: Sister is best friends with Melissa Block Gets Invited to a college level party Under Age Minor (17 years old) Date Rape Victim Sister is best friends with Melissa Block Gets Invited to a college level party Under Age Minor (17 years old) Date Rape Victim

Kyle Sowell: Underage Minor Frank’s Brother The rapist Underage Minor Frank’s Brother The rapist

Melissa Block: 22 year College student Hosts the party Invites Nicole Allen to the party She is held responsible for the outcome of Nicole Allen 22 year College student Hosts the party Invites Nicole Allen to the party She is held responsible for the outcome of Nicole Allen

Frank Sowell: Kyle’s brother and Melissa’s Boyfriend Pressures Kyle into having sex with Nicole, by making him think it is “cool” Kyle’s brother and Melissa’s Boyfriend Pressures Kyle into having sex with Nicole, by making him think it is “cool”

Witnesses

Melissa Frank Melissa Frank

Case Participants

Nichole Allen Kyle Sowell Melissa Block Frank Sowell Laura Allen Nichole Allen Kyle Sowell Melissa Block Frank Sowell Laura Allen

Events brought up to case Conviction of rape illegal acts related to alcohol Bodily Harm(civil damages act 1994) Social Host Liability and underage drinking Conviction of rape illegal acts related to alcohol Bodily Harm(civil damages act 1994) Social Host Liability and underage drinking

Deposition of Kyle Here is an audio clip from the Deposition of Kyle interview-actual Here is an audio clip from the Deposition of Kyle interview-actual

Melissa lock knew exactly what her responsibility was as she planned the party. when asked: RC: “Were you aware that some of the people at the party would be under the age of twenty-one, and even under eighteen?” she responded MB: “I Guess so” she had a pretty good idea on that she is responsible for damages and injuries for those who are under age at the party and she should face it the full consequences. Melissa lock knew exactly what her responsibility was as she planned the party. when asked: RC: “Were you aware that some of the people at the party would be under the age of twenty-one, and even under eighteen?” she responded MB: “I Guess so” she had a pretty good idea on that she is responsible for damages and injuries for those who are under age at the party and she should face it the full consequences.

Applicable Laws And even though she knew what her responsibilities were, she had invited Nichole Allen and did not control what she is consuming, she also let her out of her sight with kyle. which he eventually took Nichole Allen outside and raped her unwillingly. This goes against “Social host liability and underage drinking” which states that “if a person over the age of 21 years gives alcohol to a minor, knowing that the person is under 21 years, and then that minor causes damage or injury, the adult who provided the alcohol to the minor is responsible. And even though she knew what her responsibilities were, she had invited Nichole Allen and did not control what she is consuming, she also let her out of her sight with kyle. which he eventually took Nichole Allen outside and raped her unwillingly. This goes against “Social host liability and underage drinking” which states that “if a person over the age of 21 years gives alcohol to a minor, knowing that the person is under 21 years, and then that minor causes damage or injury, the adult who provided the alcohol to the minor is responsible.

Anystate, U.S.A. Statute: persons under 21; illegal acts related to alcohol subdivision 1:consumption (2)- it is illegal for anyone under 21 to drink alcohol/ the only exception is if someone under 21 drinks alcohol at the home of his or her parents or guardians with their permission. However, it is against the law for parents or guardians to provide alcohol to their teenagers’ friends or other minors in their homes. subdivision 2: purchasing and providing (1) it is illegal to sell, give, or provide alcohol to anyone under the age of 21. Anystate, U.S.A. Statute: persons under 21; illegal acts related to alcohol subdivision 1:consumption (2)- it is illegal for anyone under 21 to drink alcohol/ the only exception is if someone under 21 drinks alcohol at the home of his or her parents or guardians with their permission. However, it is against the law for parents or guardians to provide alcohol to their teenagers’ friends or other minors in their homes. subdivision 2: purchasing and providing (1) it is illegal to sell, give, or provide alcohol to anyone under the age of 21.

casescases Case law 1: Jones vs. Anytown Raceway, inc.: the plaintiff (Nicholes family) showed that Melissa had a responsibility that she did not meet. “breach of duty”...The person being sued had a legal duty to take reasonable steps to protect the injured person from harm. And he/she had failed to do their duty as being responsible. “causation” the failure to carry out the duty to take reasonable steps to protect the injured person caused the damage. “compensable damages” the harm is on recognized by law as deserving compensation. Case law 1: Jones vs. Anytown Raceway, inc.: the plaintiff (Nicholes family) showed that Melissa had a responsibility that she did not meet. “breach of duty”...The person being sued had a legal duty to take reasonable steps to protect the injured person from harm. And he/she had failed to do their duty as being responsible. “causation” the failure to carry out the duty to take reasonable steps to protect the injured person caused the damage. “compensable damages” the harm is on recognized by law as deserving compensation.

Case Law 2: Holly vs. 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 or 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 4: Standing vs. Janicek (Anystate 1989): there may be a duty to control someone who is not your child if you have a special relationship with that person and are aware that the person might be in danger. Case law 5: Black vs. 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 vs. 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. Case Law 2: Holly vs. 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 or 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 4: Standing vs. Janicek (Anystate 1989): there may be a duty to control someone who is not your child if you have a special relationship with that person and are aware that the person might be in danger. Case law 5: Black vs. 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 vs. 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.

Additional Facts

Two drinks: Blood alcohol Concentration.05 less inhibition some changes in judgement and decision making loosened restraint slight impact on reaction time and fine motor skills dulled senses less inhibition some changes in judgement and decision making loosened restraint slight impact on reaction time and fine motor skills dulled senses

Four drinks: B.A.C.10 percent negative impact on ability to concentrate, problem-solve, and reason exaggerated feelings of anger,fear, and anxiety impaired ability to retrieve and record finer points of memory increase in clumsy actions and slurred speech noticeably slowed reaction. negative impact on ability to concentrate, problem-solve, and reason exaggerated feelings of anger,fear, and anxiety impaired ability to retrieve and record finer points of memory increase in clumsy actions and slurred speech noticeably slowed reaction.

Eight Drinks: B.A.C.20 percent significant impact on motor functions significant impairment of judgment, perception, and ability to retrieve and record memories blacking out nausea significant impact on motor functions significant impairment of judgment, perception, and ability to retrieve and record memories blacking out nausea

Twelve Drinks: B.A.C.30 percent impairment of brain’s ability to manage even basic bodily functions confusion stuporous behavior possible alcohol overdose blacking out passing out impairment of brain’s ability to manage even basic bodily functions confusion stuporous behavior possible alcohol overdose blacking out passing out

More facts. Women develop more alcohol-related problems after drinking smaller amounts of alcohol than men do. Half of all rapes recorded came from people going out on “dates” Women develop more alcohol-related problems after drinking smaller amounts of alcohol than men do. Half of all rapes recorded came from people going out on “dates”

outcome:outcome: From the Cases and laws listed above the outcome should come to say that Melissa Block had responsibilities and she did not achieve to take care of that responsibilities. Nicole’s family suing her is within their rights. she failed to keep control of the alcohol consumption of underage drinkers, failed to take care of damages done by drinkers, failed to “stop” over drinking, and even had encouraged others to drink From the Cases and laws listed above the outcome should come to say that Melissa Block had responsibilities and she did not achieve to take care of that responsibilities. Nicole’s family suing her is within their rights. she failed to keep control of the alcohol consumption of underage drinkers, failed to take care of damages done by drinkers, failed to “stop” over drinking, and even had encouraged others to drink