Drug Facilitated Sexual Assault

Many substances can be connected with sexual assault. The term “drug” includes alcohol; over-the-counter, legal drugs; prescription drugs; as well as illegal drugs and a number of substances that have been labeled “date rape drugs.” What they have in common is the capacity to lessen a woman’s ability to recognize, resist or attempt to resist sexual assault.

Recently, there has been much publicity given to sexual assaults in which the perpetrators have used the so-called “date rape drugs” to incapacitate the women assaulted. While this is not a new phenomenon, drug-facilitated sexual assault has only recently become widely recognized. However, the most common and prevalent date rape drug—alcohol—is not taken as seriously as it should be.

For example, a recent study has shown that there are many drugs involved in cases of substance-related sexual assault. The largest number of samples contained alcohol and almost 40% contained multiple substances. Testing for a range of controlled substances, covering an eighteen month period from June through December 1997, samples from 41 American states were analyzed. The findings report that out of 578 samples tested:

  • 208 contained alcohol.
  • 93 contained marijuana.
  • 40 contained cocaine.
  • 32 contained GHB (gamma hydroxybutyrate, a central nervous system depressant that is manufactured in the United States); 11 of these also contained alcohol and 14 also contained other drugs.
  • only five contained flunitrazepam (Rohypnol), and of those five, only one contained flunitrazepam alone; four contained other substances including alcohol, cocaine and opiates.

The 2001 Survey of Unwanted Sexual Experiences among University of Alberta Students found that almost half of the sexual assaults young adults experienced at the university took place under the influence of alcohol.

Consent and the drunkenness defense

Under the Criminal Code of Canada, “Consent is defined as a voluntary agreement of the complainant to engage in the sexual activity in question.” (Section 273.1)
Under the Criminal Code, consent is deemed not to be obtained if:

  • it is given by someone else
  • the person is unconscious, drunk, stoned, or sleeping
  • it is an abuse of power, trust, or authority
  • the person does not say yes, says no, or through other words or behaviour implies no
  • the person changes his or her mind

Consent is the voluntary agreement of an individual to engage in a particular sexual activity at a particular time.

According to the Criminal Code, there is no consent when:

“an honest but mistaken belief on the part of the accused that the complainant consented to the sexual activity is a defense unless the accused’s belief arose from self-induced intoxication, or reckless or willful blindness, or where the accused did not take reasonable steps to ascertain that the complainant was consenting”

 

Although the Criminal Code states
“that an honest but mistaken belief on the part of the accused that the complainant consented to the sexual activity is a defense, it is important to note that there is no defense when the accused’s belief arose from self-induced drunkenness." This means that if the accused got himself drunk in the first place, then he can’t use the fact that he was too drunk to know differently, as a defense.

It is important to remember that when an individual is drunk, she is legally unable to consent to sexual activity. There is a misconception that if a woman accepts drinks from a man that indicates that she is interested in sexual activity. However, consenting to have a drink is NOT consenting to sexual activity.

Types of date rape drugs

Alcohol

Alcohol depresses the central nervous system, which is indicated by such things as lowered inhibitions, disturbed motor skills, slurred speech and blurred vision. A large intake of alcohol over a very short period of time can result in a temporary coma or in alcohol poisoning. It is by far the most prevalent date rape drug because it is easy to use, readily available, legal and socially acceptable.

In some cases the perpetrator takes advantage of a woman who is drinking heavily and is less able to resist advances. Sometimes the perpetrator actively encourages drunkenness by buying drinks or by fixing drinks with more alcohol than called for. Unlike other date rape drugs, the perpetrator may also use alcohol to lower inhibitions and give himself an excuse of the sexual assault. (See the drunkenness defense section above.)

Rohypnol

The most well-known date rape drug is flunitrazepam, more commonly known as “Rohypnol,” “roofies,” or “the forget pill.” Although it is illegal in Canada and the United States, it is still prescribed in Mexico for sleeping disorders.

Rohypnol is a potent drug that produces a sedative effect lasting up to 8 hours. It is often combined with alcohol, marijuana or cocaine to produce a rapid and dramatic high. After consuming the drug, it takes between 20 and 30 minutes before it takes effect. Depending on the dosage, the effects can last from 8 to 24 hours. It can also blur a victim’s memory for hours after taken. Especially when mixed with alcohol, it can cause severe intoxication, respiratory depression, aspiration and even death.

If dissolved in a drink, it is odourless and tasteless, but may colour the liquid blue or murky because of a special new dye. The pills are usually either small, round and white with the word “Roche” printed on them, or green and oval-shaped with the number 542 printed on them.

GHB

Gamma-hydroxybutyrate (GHB, also called “G” or “Liquid X”) is a fairly common drug. It is used by weightlifters to enhance muscle growth. Some recreational drug users take it with other drugs, and some individuals use it for its “aphrodisiac” side effects (lowered inhibitions and heightened sense of touch).

It is usually a colourless liquid—it looks just like water—and can easily be poured into a drink. It will taste slightly soapy or bitter. GHB takes between 15 and 20 minutes to have effect and can last a couple of hours. High doses can lead to vomiting, respiratory depression and even death. It is especially dangerous when mixed with alcohol. It disappears from the body fairly quickly and may be undetectable only 12 hours after ingestion.

It has been associated with raves and has similar effects as ecstasy, which has also been used in date rapes.

Made from components that can be easily legally purchased, it is inexpensive and easy to synthesize. However, in June 2005 the Canadian Government proposed stricter controls, including licensing requirements, for the chemicals used to make GHB.

Ketamine

Ketamine (also called “K” or “Special K”) is still legally used by veterinarians as an anesthetic in animal surgery. It can make a person feel “numb” or pass out. It can also induce a “trance-like” state—sometimes called a “k-hole”—in which a victim may have no idea what is going on around them. It may also cause hallucinations. Unlike GHB and Rohypnol, someone doped with Ketamine will probably not be mistaken for someone who is just really drunk. It tastes very bad, so is easier to notice in a drink.

Cannabis: marijuana, hash

Cannabis is the second most common drug found in drug-facilitated sexual assault victims. Marijuana is a commonly used recreational drug. While it does not have the incapacitating or memory loss effects of the “date-rape” drugs, it lowers inhibitions and reduces good judgment.

Other possible date rape drugs

Virtually any drug that induces muscle relaxation, drowsiness or an emotional state such as euphoria can be used for drug-facilitated sexual assault. This could include prescription drugs such as valium and all similar tranquilizers; anti-depressants; sleeping pills; and over-the-counter drugs such as muscle relaxants or even aspirin with codeine. Almost any drug can make people act in ways that they normally wouldn’t and can reduce alertness.

Myths about date rape drugs

Most of the information available, particularly to teenagers and university-aged youth, emphasizes what women can do to be safe from these drugs. Beginning in secondary school, teenage girls are told to watch their drinks, not leave their drink unattended, accept drinks only from people they know, etc. This emphasis is misleading for a number of reasons.

First, drug-facilitated sexual assault happens in many places besides bars. It occurs in people’s homes, at restaurants, at house parties, and while camping. Second, it is more common for a friend, partner or acquaintance than a stranger to use drugs on someone. Third, these “do’s and don’ts” place the responsibility for stopping this crime on the victims. Survivors should never feel as though they were responsible for their sexual assault. The responsibility should be placed exactly where it belongs: on those who administer the drug.

When it happens

Because someone who has experienced a drug-facilitated sexual assault is likely to be very confused and disoriented—indeed, not even certain if she was sexually assaulted—she may not seek any form of help, much less report the assault. The loss of memory often experienced can make recovery more difficult because part of the recovery process involves remembering, working through memories and taking back control.

Because alcohol or drugs are involved, survivors are even more likely to blame themselves or feel that they do not “deserve” help. However, even if alcohol or drugs were taken willingly, consenting to alcohol or drugs is not consenting to sex.

The first step is simply recognizing that it has happened. With little or no memory of a sexual assault, the survivor needs to piece together a variety of indications, including:

  • waking up in different surroundings and not knowing how she got there
  • waking up with clothes that are missing, put on differently, torn or stained
  • loss of memory for part of the evening or day
  • a sense that something is “not right”
  • sore muscles
  • physical marks, scrapes, bruises
  • soreness in the genital or anal areas, or the breasts
  • abnormal discharge

Any of these indications should be taken seriously. If there is any suspicion that a sexual assault could have taken place, it is important to get medical attention and be tested for sexually transmitted infections and/or pregnancy. It may also be possible to ascertain if a drug was used if testing is done quickly.

It is difficult under ordinary circumstances to “protect” oneself against sexual assault. Awareness and assessment of one’s environment and its potential dangers is advisable. However, sometimes that is not enough and a person who has been sexually assaulted should never feel that they should have done more to protect themselves. In the case of date rape drugs, awareness in social situations may be called for. Women may choose to drink only from bottled drinks which have been opened in their presence and not left unattended.

Female high school, university and college students are statistically at greater risk for sexual assault under ordinary circumstances. These women need to take special care while at social functions, due to the higher rate of the appearance of date rape drugs at these occasions. The effect of “roofies” may prevent users from remembering how or why they took the drug, or even that they were given it by others.

Latest Statistics on Drug Facilitated Sexual Assault…

  • A recent study published in the Canadian Medical Association Journal found 21 per cent of sexual assaults involve date-rape drugs, up from 12 per cent in 2003. The study also found the assault victims were primarily women aged 20 to 24 (2009)
  • About 25% of women report that drugs were a factor in a rape (Sexuality and you: Your link to sexual well-being, Drug facilitated sexual assault, 2006)
  • The most frequently detected drug in victims of drug-facilitated sexual assault is alcohol. The second most common is marijuana.