would you consider this to be a Criminal Sexual Conduct under the MINNESOTA stat

Jane is 28 years old and was hanging out with her friend Jim. Jane and Jim have been friends for six months and have never had sex. Jane said she drank at least one Jagerbomb and a couple beers over 3 hours. She said she suddenly became drunker than she ever has before and she passed out. She had no idea what happened next, but woke up and discovered that Jim was having sexual intercourse with her. She tried to stop him but passed out again. When she woke up the next morning, Jim was gone and she called the police.

Write a paragraph……..Based on Jane’s report, would you consider this to be a Criminal Sexual Conduct under the MINNESOTA statute? Why do you feel the way you do? If a date-rape drug like Gamma-Hydroxybutyric Acid (GHB) was found in her system, would this impact your opinion?