ST. PAUL, Minn. – A man convicted of having sex with an unconscious woman has lost at the Minnesota Court of Appeals.
52-year-old Michael Paul Kahn of Rochester was found guilty by a jury of 3rd degree criminal sexual conduct and 1st degree burglary. Authorities say he entered a woman’s home after a party in Stewartville on July 4, 2015 and sexually assaulted her after she was passed out. Rochester police taped a phone conversation between Khan and the victim where he admitted having sex with her.
Khan was sentenced to 130 months in prison.
In his appeal, Khan argued the judge was wrong to tell the jury that voluntary intoxication was not a viable defense, there was insufficient evidence to support his conviction, and the judge should have sentenced him to less time behind bars.
The Appeals Court has rejected all those arguments, pointing out that Khan did not raise voluntary intoxication as a defense during his trial and that the evidence supported both the jury’s finding of guilty and the judge’s sentence.