Carlos Parra, Russell Reynolds, Teira Humphrey. People Involved: Nicole Allen-16 Laura Allen-21 Melissa Block-21 Kyle Sowell-16 Frank Sowell-21.

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Presentation transcript:

Carlos Parra, Russell Reynolds, Teira Humphrey

People Involved: Nicole Allen-16 Laura Allen-21 Melissa Block-21 Kyle Sowell-16 Frank Sowell-21

Nicole Allen was invited by Melissa Block to attend a party that her and her boyfriend, Frank Sowell, had planned. At the party, Nicole was introduced to Kyle Sowell, Frank’s little brother, and began to drink. Kyle took Nicole outside and forced her to have sex after many drinks that were given to them by Frank and Melissa. Nicole called her sister, Laura, after she ran away and told her what had happened. Laura told Nicole to tell her parents in the morning. Her parents sued Kyle for date rape and he was convicted. They later realized that Melissa was to blame and decided to sue her for provision of alcohol.

Persons under 21; illegal acts related to alcohol Subdivisions 1 and 2 Civil Damages Act (1994) Social Host Liability and Underage Drinking Parts 1 and 2

An Indiana Statute dealing with rape states that: Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when: the other person is compelled by force or imminent threat of force; the other person is unaware that the sexual intercourse is occurring; or the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given; commits rape, a Class B felony. (b) An offense described in subsection (a) is a Class A felony if: it is committed by using or threatening the use of deadly force; it is committed while armed with a deadly weapon; it results in serious bodily injury to a person other than a defendant; or the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC (1)) or a controlled substance (as defined in IC ) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

In the spring of 1991, a thirty-year-old single mother accused William Kennedy Smith, a nephew of Senator Edward Kennedy and a scion of America’s most famous political family, of raping her. After the two left the club together, Smith drove the woman back to the family compound, where he allegedly raped her on the lawn. In December 1991, millions of Americans watched Smith’s ten-day trial on television. The complainant tearfully delivered her testimony, describing how an innocent meeting at a nightclub had ended in sexual assault. Smith countered by explaining that the sex was consensual, and, after spending an estimated $1 million in legal fees for his defense, was acquitted of the charges.

Results of a survey of college women conducted by University of Arizona Medical School professor Mary Koss found that 27 percent of college women surveyed had experienced a sexual encounter that met the legal definition of rape or attempted rape. In addition, Koss found that 80 percent of these incidents were committed by someone the victim knew. Most of these rapes went unreported to school authorities because, as Koss maintains, the women had an unclear understanding of the legal definition of rape and tended to blame themselves for the rapes.

forcible sexual intercourse by a male acquaintance of a woman, during a voluntary social engagement in which the woman did not intend to submit to the sexual advances and resisted the acts by verbal refusals, denials or pleas to stop, and/or physical resistance. The fact that the parties knew each other or that the woman willingly accompanied the man are not legal defenses to a charge of rape, although one Pennsylvania decision ruled that there had to be some actual physical resistance.

According to the findings we have presented in this presentation, Ms. Block should be convicted of provision of alcohol and should be held responsible for providing minors with alcohol.