Drugs and Date Rape Charges

If someone is charged with date rape, the issue of consent is pivotal to proving innocence. However, complicating any defense is an accusation that the alleged victim was drugged, which negates any possibility of consent. In recent years, cases involving date rape drugs have grown as has public awareness.

Types of drugs

The two most common prescription drugs cited in date rape cases are gamma-hydroxybutyric acid, familiarly known as GHB; and Rohypnol, also known as roofies. As widespread as these are, the most common drug used to incapacitate possible victims is still alcohol.

GHB

GHB has the same intoxicating effect as alcohol. Users often abuse GHB recreationally. However, in larger doses, GHB induces complete sedation in most individuals. Because it is odorless and invisible when dissolved in liquids, it is almost indiscernible outside of a slight salty taste. Those who have been slipped GHB testified to being almost physically and mentally incapacitated. More Information: GHB and Date Rape Laws

ROHYPNOL

Rohypnol also incapacitates victims and prevents them from resisting any sexual assault. The drug produces "anterograde amnesia" which also prevents victims from remembering any events experienced while drugged.

ALCOHOL

Although legal for adults, alcohol is still a drug and in certain dosages, can mentally and physically incapacitate individuals. Alcohol is used because possible victims willingly drink it and the imbiber can lose her inhibitions or can even be rendered unconscious. Many assailants attempt to argue that consent occurred at the point of imbibing, and that the alleged victim should have known the consequences of overdrinking. This argument cannot be made with the prior drugs as they are often slipped into a victim's drink without her (or his) knowledge.

Laws and Penalties

Although no state law restricts date rape drugs, in 1996 Congress passed a bill prohibiting individuals from providing Rohypnol to someone without that person's knowledge. If the assailant used Rohypnol to incapacitate and rape a victim, the court could then attach harsher penalties. Additionally, the law imposed a prison sentence of up to 20 years for distributing one gram or more of the drug.

In 2000, then President Clinton signed into law banning the possession of GHB. The federal crime carries the possibility of a 20-year sentence if a person is found guilty. In cases of date rape, if GHB is found to have used, the assailant has no legal defense of consent, even if the parties knew each other.

At least one state, Indiana, increases the charge of date rape to a Class A felony is there is evidence that a date rape drug was used without the victim's knowledge.

When to Talk to a Lawyer

If you have been accused of date rape, and there is allegations that a date rape drug was used, you should find an attorney as soon as possible, even if you know you are innocent. Even if the allegation is not rape, but distribution of a date rape drug, you may face harsh penalties. Find a seasoned attorney experienced with your state's laws on date rape and date rape drugs.