1. How Not To Go On A Date By: Martha Fogleman, Sam Mcdonough, and Archit Thopay

2. THE BACKSTORY

3. Parties to the case

4. Nicole Allen

5. Melissa Block

6. Kyle Sowell

7. Frank Sowell

8. Exposition Nicole Allen is a 17 year old student who lives near Troy University Melissa Block is a 22 year old poorly performing senior at Troy University Nicole looked up to Melissa, and saw her as the sister she never had On a May Saturday Nicole went to a party at Melissa’s house. She arrived at 8:30 pm.

9. Melissa, preparing for the party, bought several cases of beer and wine At the party Melissa introduced Nicole to her boyfriend, Frank, and his younger brother, Kyle Sowell. Kyle and Nicole hit it off. They continued to flirt and drink throughout the night. By 11:30 pm Nicole had consumed two beers and three wine coolers. Rising Action

10. Kyle takes Nicole outside for what she assumes is a romantic stroll. Nicole was cold without her sweater, so Kyle put his arm around her, and they sat down in the shadows of a big elm tree. Things quickly escalated and they began kissing. Things intensified further. Nicole and Kyle were lying on the ground. Nicole could feel herself loosing control. Rising Action cont’d

11. Climax and Falling Action Kyle began forcing himself on her against her will and raped her. Nicole contacted her sister, Laura, and told her what happened. Nicole went home and then the next morning Laura helped Nicole explain to her parents what happened at the party.

12. Accusations Nicole’s parents pressed charges against Kyle. He was convicted of second-degree sexual assault. He was sentenced to three months in jail, two years probation, mandatory counseling, and a $3,000 fine. Nicole’s family was furious with Melissa, and they decided that she should be held responsible for providing the alcohol.

13. ALLEN VS. BLOCK

14. Affidavits affidavit- a written statement taken under oath Laura Allen (sister of Nicole Allen)- “(Nicole) had been at Melissa’s party, and this boy Kyle, and forced her to have sex. She said that they were both drunk, and she didn’t mean for it to happen.” Dan Post (friend of Kyle) – “I guess I can’t say what he would or wouldn’t do if he was drunk.”

15. Affidavits cont’d Gail Allen (mother of Nicole Allen) – “Nikki just hasn’t been the same since Melissa’s party. I worry that she’s depressed.” Estelle Lafond (clerk at Lucky’s Liquor Store) – “I sold seven cases of beer and four cases of wine coolers to Melissa Block on Friday, May 2 nd. She’s a regular customer, real friendly.”

16. Affidavits cont’d Nancy Strommen (Kyle’s ex-girlfriend) – “I couldn’t believe it when I heard he raped a girl.”

17. Depositions Deposition- a auditory statement made under oath Deposition of Nicole Allen: “Kyle got each of us another beer and then Melissa gave me a wine cooler” “If I’d known what I’d been doing I wouldn’t have even been kissing him” “He was just out of control and I was scared”

18. Depositions cont’d Deposition of Kyle Sowell: “I mean sometimes I drink, but not very much” “I was really drunk. I didn’t know what I was doing.” “What about if you hadn’t been drinking?” – “No I wouldn’t have tried anything.”

19. Depositions cont’d Deposition of Melissa Block: “Where you aware that by providing alcohol to people under the age of twenty-one, you were breaking the law?” - “I guess so” “I used some of my roomates’ money. They’re just as much to blame as I am.” – “But you alone made the purchase?” “Yeah, I’ll never let them do that to me again.”

20. Relevant Laws and Cases The Civil Damages Act (1994), Subdivision 1, says that if someone suffers an injury, (bodily harm, property damage, financial loss, or the ability to work) the person who suffered the injury can sue the person who caused the intoxication based on the illegal sale or provision of alcohol.

21. Relevant Laws and Cases cont’d Under Subdivision 2 of the Illegal Acts Related to Alcohol, it is states that it is illegal to sell, give, or provide alcohol to anyone under the age of 21. The Social Host Liability and Underage Drinking Statute says that if a person over the age of 21 years gives alcohol to a minor, knowing 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 for any damage or injury caused by the minor.

22. Relevant Laws and Cases cont’d The lawsuit, Holly v. Anytown Hotel (1959), states that 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.

23. Relevant Laws and Cases cont’d Lu v. Lopez (1995) says that an accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible.

24. THE VERDICT

25. Our Conclusion Based on existing laws and previous cases, we, the judge and jury in this case find the defendant, Melissa Block, guilty for the negligent provision of alcohol. At her party, Miss Block supplied people under the age of 21 with alcohol. She is responsible for any and all of the damages that any intoxicated and underage person(s) caused. Because Block supplied the alcohol to Kyle Sowell, she caused his intoxication, and is responsible for what happened to Miss Allen. And because Block gave Nicole alcohol as well, she is responsible for any harm received by Nicole Allen, or any damages caused by her.

26. Our Conclusion cont’d Under Alabama law, it is unlawful for any person under the age of 21 to consume alcohol outside of their home without their parent’s permission. Therefore, Nicole is guilty of underage consumption of alcohol.

27. Melissa’s Punishment We propose Melissa recieves the following punishment: – 1. 10 years in prison – 2. 2 years probation – 3. $5,000 fine

28. THE END Our project isn’t pretty cause date rape isn’t pretty.