1. I DIDN’T THINK I WOULD GET RAPED: THE NIKKI ALLEN STORY Graham, Jorge, Rachel

2. Facts of the Case Nicole “Nikki” Allen (seventeen-years-old) Melissa Block (twenty-two years old) Kyle Sowell (seventeen years old)

3. Facts of the Case Frank Sowell(Kyle’s older brother) Laura Allen (Nikki’s older sister)

4. Facts of The Case Melissa -the one who invited Nikki and Kyle to the party. Nikki- she is the one who got raped. Kyle- he is the one that raped the girl at the party. Frank- he is Kyle's brother. Laura- she is Nikki's sister and she helped Nikki to tell her parents about what happened at the party. Melissa invited teenagers to her party, where she gave them alcoholic drinks, she is responsible for giving alcoholic drinks to teenagers. Kyle tried to have sex with Nikki, but she didn't want to have sex with him, but Kyle was drunk and he was out of control so that he forced Nikki to have sex with him, after all this happened, Nikki felt bad because she didn't want to have sex with Kyle so the she told what happened to her sister Laura, then Laura told Nikki that she got raped and she had to press charges against Kyle. Key Figures, Witnesses, Participants in the case What events took place to bring this case to trial?

5. Affidavits and Depositions  Facts that are relevant to the outcome of the case -Melissa introduced Kyle to Nikki and she gave them beers. -Nikki drank many alcoholic drinks and she got drunk. -Nikki thought that Kyle was cute but she never thought to have sex with him. -Kyle brother encouraged Kyle to have sex with Nikki. -Kyle was out of control and he started taking Nikki's clothes off. -Nikki was trying to run away from Kyle but Kyle was pushing her so hard. -Nikki felt bad because she didn't want to have sex with Kyle, so she told her sister, and they decided to press charges against Kyle

6. Laws to the Case  Case Law 1  In order to sue someone for negligence the plaintiff must prove the defendant had a responsibility that he or she did not meet. As a result, he or she caused some kind of damage or injury to the plaintiff that can be compensated.  In other words, to successfully sue somebody under the law of “negligence”, the following must be proven:  Duty: The person being sued had a legal duty to take reasonable steps to protect the injured person from harm.  Breach of Duty: The person being sued failed to carry out that duty.  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 one recognized by law as deserving compensation.

7. Laws to the Case  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 or ina n 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 V Janick (Anystate 1984)  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 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.

8. Other Relatable Cases  Applicable Laws  Social Host Liability and Underage Drinking Statute: 1. If a person over the age of 21 years gives alcohol to a minor, knowing that person is under 21 years, and then that minor causes damage or injury, the adult who provided the alcohol to the minor is responsible for any damage or injury caused by the minor. 2. If the adult who provided alcohol could not have reasonably forseen any danger to the minor or anyone else, then he or she should not be held responsible.

9. Other Relatable Cases  Civil Damages Act (1994)  Subdivision 1. Cause of Action  If somebody suffers an injury by an intoxicated person in any of the following ways. bodily harm. property damages. financial loss. 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.  Person under 21: illegal acts related to alcohol  Subdivision 2. Consumption  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 parents or guardian with their permission. However, it is again the law for parents or guardians to provide alcohol to their teenagers' friends or other minors in their homes.  Subdivision 3. Purchasing and providing  It is illegal to sell, give or provide alcohol to anyone under the age of 21.

10. Relevant Information  Background Information about Alcohol  Alcohol is the world’s most commonly used drug.  The effects of alcohol cause a) Impaired coordination of movement b) Errors in judgment about movement, distance and time c) Impaired learning and memory d) Sedation e) Euphoria f) Anxiety Reduction  All the changes in behavior are a result of alcohol’s actions on the brain.  Most adults in the US drink moderately but there is no clear lower level of drinking at which an individual can be “completely safe” from experiencing some negative consequences of drinking.  Heavy drinking is associated with many negative consequences like abuse and dependence.

11. Relevant Information  Background Information about Alcohol  Alcoholism is a progressive disease that starts with experimentation and progresses to addiction  The estimated economic cost of alcohol abuse was $184.6 billion for one year.  The relationship between the amount of blood and alcohol in a person’s system is called blood alcohol level (BAL) or blood alcohol concentration (BAC). How quickly any one person absorbs and breaks down (metabolizes) alcohol depends on his or her age and gender. BACs as low as.02 percent can impair a person’s ability to divide their attention.

12. Relevant Information  Sexual Assault and Alcohol  Alcohol-Involved Rape: Rape in which the perpetrator, the victim, or both are under the influence of alcohol at the time of the incident. Approximately one-half of all sexual assaults involve alcohol consumption by the perpetrator, victim, or both.  Date Rape: Rape committed by someone that the victim is dating. Among college students, approximately one-half of all rapes are committed by a date.  Rape: A sexual assault involving some type of penetration due to force or threat of force; lack of consent; or inability of the victim to provide consent due to age, intoxication, or mental status.  Sexual Assault: Both men and women can be sexually assaulted and can commit sexual assault. However, the vast majority of sexual assaults involve male perpetrators and female victims.  Stranger Rape: Less than 20 percent of rapes are committed by strangers, although most people believe that stranger rape is the most common.

13. Relevant Information  Facts about Violence, Women and Alcohol  Alcohol use often precedes violent events, and the amount of drinking is related to the severity of the subsequent violence.  Violence against intimate partners-such as boyfriends, girlfriends, husbands or wives-is more likely to involve alcohol than violence against strangers.  It is estimated that alcohol is one of the causes of 20 to 30 percent of violent rimes and 3 to 4 percent of property crimes in one year alone.  Victims of violent crimes are also likely to have been drinking at the time of the crime.  Women, on average, are less likely than men to consume alcoholic beverages or to drink heavily or even moderately.  Women attain higher peak blood alcohol levels than do men when consuming the same amount as men.

14. Relevant Information  The people who should avoid alcohol completely are:  Children and adolescents  Recovering alcoholics, problems drinkers, and people whose family members have alcohol problems and who cannot limit their drinking to the above guidelines  People who plan to drive, operate machinery, or take part in other activities that require attention, skill, or coordination  Women who may become pregnant or who are pregnant  Anyone taking prescription or over-the-counter medications that can interact with alcohol

15. The Outcome of the Case  Kyle Sowell will be charged with second- degree criminal sexual assault. He will be sentenced to three months in jail with two years probation, mandatory counseling and a $3,000 fine.  Melissa Block will be sued for negligent provision of alcohol. Melissa will be required by the state and the law to pay a compensation fee for the damages caused by her negligence. Kyle SowellMelissa Block

16. Audio  http://www.youtube.com/watch?v=hvOpN- QQs_U&feature=em-share_video_user http://www.youtube.com/watch?v=hvOpN- QQs_U&feature=em-share_video_user

17. Works Cited  http://www.123rf.com/photo_12235378_happy-children-having-fun-in-spring.html http://www.123rf.com/photo_12235378_happy-children-having-fun-in-spring.html  http://bnn-news.com/belorussians-lose-billion-dollars-devaluation-27922 http://bnn-news.com/belorussians-lose-billion-dollars-devaluation-27922  http://www.talktofrank.com/drug/alcohol http://www.talktofrank.com/drug/alcohol  http://www.futurity.org/health-medicine/drink-a-day-keeps-grim-reaper-away/ http://www.futurity.org/health-medicine/drink-a-day-keeps-grim-reaper-away/  http://www.recoveryconnection.org/women-and-alcoholism/ http://www.recoveryconnection.org/women-and-alcoholism/  http://www.topnews.in/health/diseases/pregnancy http://www.topnews.in/health/diseases/pregnancy  http://www.ryot.org/snapchat-making-the-selfie-mainstream/65062 http://www.ryot.org/snapchat-making-the-selfie-mainstream/65062  http://www.alwaysdolledup.com/2010/07/advice-from-college-guy-erik.html http://www.alwaysdolledup.com/2010/07/advice-from-college-guy-erik.html  http://www.123rf.com/photo_4089956_portrait-of-happy-beautiful-college-girl-smiling- isolated-on-white-background.html http://www.123rf.com/photo_4089956_portrait-of-happy-beautiful-college-girl-smiling- isolated-on-white-background.html  http://www.youtube.com/watch?v=hvOpN-QQs_U&feature=em-share_video_user http://www.youtube.com/watch?v=hvOpN-QQs_U&feature=em-share_video_user