P R E S E N TAT I O N BY:S Y D N E Y H A L L , H A N N A H PA R R I S H , S AVA N N A H O T T E

DATE RAPE:WHAT’S LOVE GOT TO DO WITH IT?

THE KEY FIGURES

NICOLE (NIKKI) ALLEN

• Plaintiff• Victim of sexual

assault• 17 years of age

MELISSA BLOCK

• Defendant• Accused of

provision of alcohol to minors• 22 years of age• Student of Troy

University• Relation to Nikki:

best friend of sister

KYLE SOWELL

• Rapist (previously convicted)• 17 years of age• Introduced to Nikki

at party

FRANK SOWELL

• Witness• College student• Boyfriend of

Melissa Block• Older brother of

Kyle

LAURA ALLEN

• Sister of Nikki• College student• Friend of Melissa

Block

THE FACTS

BACKGROUND

• Melissa invited Nikki to a party she was having with her college friends• Laura Allen, Nikki’s sister, noticed that Melissa

had been partying a lot recently • Frank Sowell invited his younger brother Kyle to

the party• The day before the party, Melissa purchased

seven cases of beer and four cases of wine coolers at Lucky’s Liquor Store

THE NIGHT OF…

• The night of Saturday, May 3rd• Nikki attended a party thrown by Melissa Block• She arrived at approximately 8:30 pm• Melissa quickly introduced Nikki to Kyle Sowell• Melissa handed both minors a beer• While talking, Kyle got himself and Nikki another beer• Later, Melissa and Frank gave Kyle another beer and

Nikki a wine cooler• By 11:00 pm, Nikki had had 2 beers and 3 wine

coolers. Kyle was on his 5th beer• At this point, Nikki realized she was drunk.

THE NIGHT OF…

• Kyle brought her another drink and the two walked outside• Kyle and Nikki began kissing under an Elm tree in the yard• Kyle began kissing Nikki roughly• Nikki screamed and tried to push him away• Kyle forced sex on Nikki• Nikki freed herself and ran down the street• She sat on the curb and called her sister, Laura.• Nikki arrived at her house shortly after midnight• She went straight to her room• The next morning, Laura came home and helped Nikki tell

her parents what happened at the party

WHY WE’RE IN COURT

• Nikki sued Kyle Sowell of rape.• During the court hearing against Kyle, it was

clearly evident to Nikki and her parents that Kyle was influenced by the alcohol given to the minors by Melissa Block. Although they believed that Kyle should be punished, they also thought that Melissa should be held responsible for providing them with the alcohol. • Nikki and her parents decided to sue Melissa

Block for negligent provision of alcohol.

AFFIDAVITS AND DEPOSITIONS

NIKKI’S CHARACTER

• Affidavit of Laura Allen, sister of Nicole Allen• "I know Nikki and I know she wouldn't have gotten

herself in a situation like this if she hasn't been drinking. She's really pretty cautious. Our older sister got pregnant when she was in high school, so I guess we've learned something from that."

KYLE’S CHARACTER

• Affidavit of Dan Post, friend of Kyle Sowell• "I think Kyle would kind of like to live up to his

brother Frank's reputation for doing it with every girl he's ever said hello to, but that's just not Kyle. He's not like Frank. But I guess I'm talking about Kyle when he's not been drinking."

• Affidavit of Nancy Strommen, past girlfriend of Kyle Sowell• "I dated Kyle Sowell for a few months. He was

always really nice. I couldn't believe it when I heard he raped a girl. That doesn't seem like Kyle. He never tried anything like that with me."

CHARACTER CONCLUSION

• These character witnesses indicate that the actions of Kyle and Nikki on the night of Melissa Block's party were highly influenced by the use of alcohol.• Both stated in their depositions that neither have

previously had sex on a first or second date.• It is believed that the intoxication affected their

judgment and decision making skills.

AFTER EFFECTS

• Affidavit of Gail Allen, mother of Nicole Allen• "Nikki just hasn't been the same since Melissa's

party. She mopes around. She's missed so much school and can't seem to focus when she's there. We're worried she might not pass a couple of her classes. Both my husband and I have missed a lot of work, too, because of what happened. We've got her in counseling, but she's just not our Nikki. She has nightmares too. I worry that she's depressed."

AFTER EFFECTS CONCLUSION

• The night of Melissa's party impacted Nikki in more than one way. The rape has produced long-term defects in her personality and character.• The injuries inflicted on Nikki extend past the

rape.

RELEVANT LAWS

PERSONS UNDER 21; ILLEGAL ACTS RELATED TO ALCOHOL

• Subdivision 1. 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 or her parents or guardians, whom cannot provide alcohol to their teenagers' friends or other minors in their homes.

• Subdivision 2. Purchasing and providing.• It is illegal to sell, give, or provide alcohol to anyone under

the age of 21. The only exception is if the parents or guardians of minors give alcohol to them in their own homes. However, it is against the law for parents or guardians to provide alcohol to their teenagers' friends or other minors in their homes, and it is against the law for parents to provide alcohol to minors in places other than their own homes.

CIVIL DAMAGES ACT (1994)

• Subdivision 1. Cause of Action.• If somebody suffers an injury by an intoxicated person in

ways such as bodily harm, property damages, financial loss, or 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.

SOCIAL HOST LIABILITY AND UNDERAGE DRINKING

• 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.

• If the adult who provided alcohol could not have reasonably foreseen any danger to the minor or anyone else, then he or she should not be held responsible.

CASE LAWS

JONES V. ANYTOWN RACEWAY, INC. (ANYSTATE 1995)

• 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, it must be proven that the defendant had a duty, in which they failed to carry out, and this failure was the cause of a harm on the plaintiff, recognized by law as deserving compensation.

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 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.

LU V. LOPEZ (ANYSTATE 1995)

• An accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible.

STANDING V. FANICEK (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.

BLACK V. ROSS, INC. (ANYSTATE 1989)

• Whether a person has responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen.

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.

RELEVANT INFORMATION ON ALCOHOLISM

THE BASICS

• Drinking alcohol leads to certain changes in behavior• Errors in judgement about movement, distance, and time• Impaired learning and memory• Anxiety reduction

• Age and gender, amount of food intake, and mass of body fat are large contributing factor to how well a person can absorb and break down (metabolize) alcohol.

• A BAC (blood alcohol concentration) level of .02 percent can impair a person's ability to divide his or her attention among two or more tasks.

• Children and adolescents (those under the age of 18) should completely avoid alcohol

THE NUMBERS

• Two drinks is equal to a blood alcohol concentration level of .05 percent• Changes in judgement and decision making• Loosened restraint

• Four drinks is equal to a blood alcohol concentration level of .10 percent• Negative impact on ability to concentrate, problem solve

and reason• Exaggerated feelings of anger, fear, and anxiety

• Eight drinks is equal to a blood alcohol concentration of .20 percent• Significant impairment of judgement, perception, and

ability to retrieve and record memories

FACTS RELATING ALCOHOL, VIOLENCE, AND RAPE

• Alcohol use often precedes violent events• The amount of alcohol consumed is related to the severity of

the violence• The more serious the crime or injury, the more likely it is that

alcohol is involved• The attacker and victim of violent crimes are very likely to

have been drinking at the time of the crime• Drinking may reduce one's awareness of danger and ability to

respond to such danger• Alcohol-involved rape• Rape in which the perpetrator, the victim, or both are under the

influence of alcohol at the time of the incident.• Women attain higher peak alcohol levels than do men after

consuming the same amount of alcohol

THE VERDICT

GUILTY

• In the case Allen v. Block, the court finds the accused, Melissa Block, guilty and responsible for the injuries inflicted on the Allen family by the previously convicted Kyle Sowell.

HERE’S WHY

Melissa Block violated the following laws:• Subdivision 2 of Illegal Acts Related to Alcohol pertaining

persons under 21• Block admitted to providing alcohol for the party, inviting the

minors, and personally handing each an alcoholic beverage.• Subdivision 1 of Civil Damages Act (1994)• By providing the alcohol that the minors drank, Block is

responsible for the intoxication of the minors, Kyle and Nikki. Through the statements made by those close to the minors, it is clear that the event could have been prevented had alcohol not been involved. Therefore, Block is responsible for the bodily harm that Kyle Sowell inflicted upon Nicole Allen through the act of rape and is also responsible for her inability to work and perform well in school since the trauma occurred.

HERE’S WHY

• Social Host Liability and Underage Drinking• Block is responsible for Mr. Sowell's actions and the harm

caused on Nikki not only because she provided the alcohol which caused the intoxication, but also because the danger to the minor could have reasonably been foreseen. The cases Holly v. Anytown Hotel (1959) and Lu v. Lopez (1995) hold 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 to be aware that an accident could occur and that an accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible. These decisions are relevant to Allen v. Block because they define that an accident such as the rape of an intoxicated seventeen-year-old female at a college party could have been foreseen and prevented by Miss Block.

ADDITIONAL SUPPORTTHROUGH CASE LAWS

• Melissa Block and Nikki Allen were pretty close friends. Melissa had become a new older sister figure for Nikki to look up to since Laura left for college. Due to this relationship between Nikki and Melissa and the evident danger that Miss Allen, an intoxicated teenage girl at a college party, was in on the night of May 3rd, the rulings of Standing v. Fanicek (Anystate 1984) and Black v. Ross, Inc. (Anystate 1989) hold and state that Block had a responsibility to protect and control Nikki.

FIN.

WORKS CITED

• Nicole (Nikki) Allen• http://www.imdb.com/name/nm1423955/

• Melissa Block• http://nataperva.blogspot.com/2012/04/kourtney-kardashian-

face.html

• Kyle Sowell• http://www.fanpop.com/clubs/jesse-mccartney/images/

22896610/title/somephotoshoot-jesse-mccartney-photo

• Frank Sowell• http://coolspotters.com/characters/jason-dilaurentis

• Laura Allen• http://www.justjared.com/photo-gallery/392901/haylie-duff-

hairspraypictures24/