{ Elizabeth Wisdom. On a Saturday night in may, seventeen-year-old Nicole (Nikki) Allen went to a...

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Transcript of { Elizabeth Wisdom. On a Saturday night in may, seventeen-year-old Nicole (Nikki) Allen went to a...

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Allen v. Block

Elizabeth Wisdom{On a Saturday night in may, seventeen-year-old Nicole (Nikki) Allen went to a party at Melissa Blocks house. Melissa was twenty-two and lived in a house with four other young women, all students of Troy university. Nikki arrived at the party 8:30.The Background InformationThe day before the party, Melissa purchased several cases of beer and wine coolers from local liquor store. When she got there, it was clear that Melissa had been drinking. Melissa took Melissa aside and said that her boyfriends seventeen-year-old brother was there. Melissa introduced them and gave each other a beer. The boys name was Kyle Sowell.The Background InformationNikki thought Kyle was cute, and they began to talk. Kyle got each other another beer. Melissa and Melissas boyfriend brought Nikki a wine cooler and Kyle a beer. Nikki liked the wine cooler and drank it quickly. It made her feel warm, so she took her sweater off. The Background InformationBy 11:00, Nikki had two beers and three wine coolers. Kyle was on his fifth beer. Frank, Melissas boyfriend, took Kyle aside and asked his plan with Nikki. Frank told Kyle that he could possibly score with Nikki. Nikki looked at her watch. She knew she had to be home by midnight, and she also realized that she was drunk. She thought it would be better to stop drinking. The Background InformationWhen Kyle returned, he had a new beer and another wine cooler for Nikki. Nikki refused. Kyle told her that hed never met anyone like her before and that this would be a beginning of a new relationship. He insisted they drink one more drink together. Nikki gave in, thinking that she might be really falling in love. The Background InformationKyle suggested they go outside for fresh air. They walked out into the backyard. They sat behind a big elm tree and started kissing. Soon they were lying on the ground, and the kissing became heavier. Nikki felt herself losing control. Kyles hands were all over Nikki. He started to take her clothes off. Nikki tried stopping him and attempted to push him off. Nikki struggled and screamed for help. The Background InformationKyle forced himself on Nikki. Nikki knew Kyle was out of control, and she was scared. He pushed her down roughly, forcing her to have sex. Eventually she was free and ran away down the street. The Background InformationNikki was afraid of going home. She called her sister, Laura, and told her the whole story. Laura told Nikki she would be home in the morning to explain the story to her parents. Laura suggested Nikki to go home, and go up to her room. Nikki arrived home a little after midnight.The Background InformationThe next morning, Laura arrived home and helped Nikki tell their parents what had happened. Nikki parents decided to press charges again Kyle. Kyle was convicted of second-degree criminal sexual assault. He was sentenced to three months in jail with two years probation, mandatory counseling, and a 3,000 fine. The Background InformationDuring the hearing, it was apparent to the Allen family that Kyle was set up himself by his brother and Melissa. The Allen family came to the conclusion that Melissa should be held responsible for providing them with the alcohol. Nikki and her parents sued Melissa for negligent provision of alcohol. The Background InformationAnystate, U.S.A. Statute:Person under 21; illegal acts related to alcoholSubdivision 1. Consumption(1)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.(2) It is illegal for anyone under 21 to drink alcohol. The only exception is if someone under 21 drink alcohol at the home of his or her parents or guardians with their permission. However, it is against the law for parents or guardians to provide alcohol to their teenagers friends or other minors in their homes.Relevant Laws FileSubdivision 2. Purchasing and providing(1) It is illegal to sell, give, or provide alcohol to anyone under the age of 21.(2) It is illegal for anyone under the age of 21 to buy or attempt to buy alcohol.(3) It is illegal to ask a person under the age of 21 to buy or provide alcohol. It is illegal to allow someone under the age of 21 to use a drivers license or identification card that is not his or her own in order to buy or attempt to buy alcohol.Relevant Laws FileSubdivision 3. PossessionIt is illegal for anyone under the age of 21 to posses alcohol with the intent to drink it someplace other than the home of his or her parents or guardian.Relevant Laws FileAnystate, U.S.A. Statute:Civil Damages Act (1994)Subdivision 1. Cause of actionIf 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. Relevant Laws FileAnystate, U.S.A. Statute:Social host liability and underage drinking(1) If a person over the age 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 foreseen ant danger to the minor or anyone else, then he or she should not be held responsible.Relevant Laws File