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Date rape
Date rapePaige romankoKatie carterChase borieKayla hamner
17 year old, nikki allen, went to a party at friend, melissa blocks house, 22 years old. Melissa served lots of alcohol at her party to her guests, including minors such as nikkiAllen v. block
Melissas boyfriend, frank, suggested that his little brother, kyle, be introduced to nikki. Kyle and nikki really hit it off as kyle started bringing her more and more beer and wine coolersAllen v. block
Frank starts convincing kyle that he should try to have sex with nikki, even though she was intoxicated. Kyle knew he would be taking advantage of her, but proceeded walking her outside to be aloneAllen v. block
Kyle tells nikki that they should get some fresh air. He takes her by the tree and starts kissing her. He eventually makes his way on top of her, making her feel very uncomfortable. She starts screaming but kyle still forces her to have sex with him.Allen v. block
Nikki eventually freed herself. Scared and drunk, she left the party and called her sister, laura. Nikki takes a bus home. When she arrives home safely, her and her sister both told their parents what happened. Nikki allens parents decided to press charges.Allen v. block
Affidavit and deposition
Admitted to knowing about alcohol being at melissas partynikki does not usually drink.Deposition of nikki allen
Doesnt usually get drunk at parties.
After drinking, he became louder and rougher.
Never had forced a girl to have sex with him before.
Claims it was because he was drunk.
Deposition of kyle sowell
Party was held on her property.
She bought and served the alcohol at her party.
Willingly gave minors alcohol.
Claims she did not encourage kyle to have sex with nikki.Deposition of melissa block
Admitted to encouraging kyle to drink.
Admitted to pressuring kyle to take advantage of nikki.
Frank willingly served alcohol to minors.
Deposition of frank sowell
Applicablelaws
It is illegal for anyone who has a license to sell liquor to let anyone who is under 21 years drink alcohol on his or her property.
If someone suffers an injury by an intoxicated person in any of the following way:-bodily harm-property damages-financial loss-ability to workthe person who suffered the injury can sue the person who caused the intoxication based on an illegal sale or provision of alcohol
13Othercases
In an order to sue someone for negligence, the plaintiff must prove the defendant had a responsibility that he or she did not meet.Jones v. anytown raceway, inc. 1995
Whether a person has responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen.Black v. Ross, inc. 1989
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.Hegland v. Walcheck, inc. 1994
Otherinformation
-alcohol is the worlds most commonly used drug.-alcohol causes-impaired coordination-errors in judgment-impaired learning and memory-sedation-euphoria-blood alcohol levels of 0.02% is enough to impair a person.-heavily drinking can cause abuse, liver disease, cancer, inflammation of pancreas, heart and brain damage, fetal damage, anxiety, and depression. alcohol
http://www.youtube.com/watch?v=yJ5yz7S1xwQvideo
In examining the applicable laws and the details of Allen v. Block, Melissa Block can be found negligentBy providing alcohol to two minors, she became subject to all of the laws and failed to keep them This is where Melissa messed up based on the previously discussed laws-broke the law by buying the alcohol and providing it to Nikki-provided the alcohol to Kyle and Nikki, and should have been able to see the possible dangers of getting them drunk, and their impaired judgmentMelissa Block should be found guilty of negligence and therefore, in part responsible for the rape of Nikki Allen
outcome
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