What Is the Gable Steveson Loophole? Everything to Know About the 2019 Case
Was Gable Steveson ever criminally convicted of sexual assault?
No. Steveson was arrested on probable cause in June 2019, but the Hennepin County Attorney's Office formally declined to file charges six months later. He has never been convicted of any crime related to that incident.
What exactly was the "voluntary intoxication loophole"?
It was a specific condition in Minnesota's criminal code stating that a victim was only considered "mentally incapacitated" if drugs or alcohol were administered involuntarily or without their knowledge. If a person consumed alcohol by choice, prosecutors could not invoke that statutory incapacitation standard to prove lack of consent.
Does the loophole still exist in Minnesota law today?
No. In May 2021, the Minnesota Legislature unanimously enacted statutory reforms signed into law by Governor Tim Walz. The updated law ensures that any person who is too intoxicated to consent is legally protected, regardless of how they consumed the intoxicating substances.
Why did the 2021 legal fix not reopen the 2019 case?
Under the United States Constitution and standard criminal law, the ex post facto doctrine prohibits retroactive application of new criminal statutes. Individuals cannot be prosecuted under statutory standards that were not in effect at the precise time an alleged act occurred.