LAURA GRANBERRY OLIVIA ADAMSON KIMANI WALKER LINDSI BOLTON No Means No!

WHO? Nikki Allen (17 years old)

WHO? Kyle Sowell (17 years old)

WHO? Melissa Block (22 years old)

WHAT? Nikki, went to a party hosted by Melissa, who is friends with Nikki’s older sister. At the party, Melissa gave Nikki and Kyle alcohol. By the end of the night, Nikki had been date raped by Kyle. Kyle was convicted of 2nd degree criminal sexual assault and had 3 months in jail, 2 years of probation, mandatory counseling, and a $3000 fine. Nikki's family also sued Melissa Block for negligent provision of alcohol.

WHEN? May 3 rd Nikki arrived at the party around 8:30 P.M.

WHERE? Melissa Block’s house near Troy University.

WHY? (Relevant Laws) Social Host Liability and Underage Drinking  if a person over the age of 21 gives a minor alcohol, and the minor causes damage or Injury, the adult can be sued. Civil Damages Act (1994)  If somebody suffers an injury by an intoxicated person by bodily harm, property damages, etc., the person who suffered the injury can sue the person who caused the intoxication based on an illegal sale or provision of alcohol.

Relevant Case Laws Jones v. Anytown Raceway, Inc.  In order to sue someone under the law of negligence, duty, breach of duty, causation, and compensable damages must be proven. Lu v. Lopez  An accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible. Hegland v. Walcheck  The intoxication only needs to be a contributing cause for the seller or person illegally providing to a minor to be legally liable for the harm.

Affidavits and Depositions Laura (Nikki's older sister):  Claimed that Nikki called her at 11:45 p.m. sobbing, saying that her and Kyle were both drunk and explained the situation. Nikki's Mom:  Claims that after the party, Nikki acted significantly different. (missed school, can't focus in school, etc.) Nikki:  Claims that Melissa gave her alcohol, typically not a heavy drinker, wasn't planning on having sex with Kyle, and that Kyle began to get aggressive once they were alone outside.

Affidavits and Depositions Kyle:  Also claims that Melissa gave him alcohol, doesn't usually drink, claims that he heard Nikki telling him to stop but didn't care because he was so drunk. Melissa:  Knew there would be drinking as well as minors, admits to giving alcohol to both Nikki and Kyle. Frank (Kyle's older brother):  Admits to encouraging Kyle to get Nikki drunk in order to have sex with her.

What should the outcome be? According to the laws and relevant cases previously explained, the outcome of this case should be that Melissa is found responsible for Nikki’s rape. This is because Melissa provided the alcohol to both Kyle and Nikki which may have been the leading cause of Kyle’s actions.

Date Rape Statistics Drug Facilitated Rape typically involves the use of a the "date rape drug" (Flunitraepam, Rohypnol, GHB (Liquid E or Liquid G) and/ or alcohol. It is quite common, but not limited to, many college campuses across the United States. According to recent studies, alcohol is the #1 drug used to facilitate a sexual assault. For rape which takes place on campuses, alcohol is being used in 90% of cases.

Date Rape Statistics 38% of women who have been raped were ages (PSU) 60% of rapes/sexual assaults are not reported to the police. (U.S. Department of Justice) 73% of sexual assaults were committed by a non- stranger. (U.S. Department of Justice) 38% of rapists are a friend of acquaintance to the victim. (U.S. Department of Justice)

Date Rape Statistics 55% of female students and 75% of male students involved in acquaintance rape admit to having been drinking or using drugs when the incident occurred. 90% of all campus rapes occur when alcohol has been used by either the assailant or the victim. As many as 70% of college students admit to having engaged in sexual activity primarily as a result of being under the influence of alcohol, or to having sex they wouldn't have had if they had been sober

Awareness Video nt=mv- google&v=j7uColRBaag&safe=active&nomobile=1 nt=mv- google&v=j7uColRBaag&safe=active&nomobile=1

Works Cited s/Health_Education/alcohol,_tobacco,_&_other_dr ugs/date_rape_drugs.php s/Health_Education/alcohol,_tobacco,_&_other_dr ugs/date_rape_drugs.php images-happy-healthy-teenage-girl-image images-happy-healthy-teenage-girl-image framework-win framework-win