Date Rape Drug - Legal Issues

Legal Issues

In many parts of the world, whether or not a drug was used is irrelevant to the issue of whether or not a particular incident is rape. The legal definition of rape in countries such as the United States also covers a lack of consent when the victim is unable to say "no" to intercourse, whether the effect is due to drugging or simply alcohol consumption.

It is, however, often difficult for victims to come forward and for prosecutors to take cases to trial. For victims it can be extremely hard for them to know if they consented or not or were drugged deliberately or voluntarily. For prosecutors there is difficulty in proving intent or lack of consent where the rape or assault happened without witnesses (particularly in a private home) and where both parties were consuming drugs or alcohol since neither was able to legally give consent. Accusations seldom come to court unless there is independent proof of forced consumption of drugs or forced sexual activity.

The entire concept of date rape is fraught with legal problems, and the possibility of miscarriages of justice is high. Rapists can be released because their victims were seen as being too unreliable or because the victims drank to excess or took drugs voluntarily. At the same time, accusations of rape and sexual assault could theoretically be brought by any person who had sex while under the influence of alcohol or drugs.

If a rape or assault can be proved, the use of a drug likely increases the severity of the case. For example, in Indiana it raises the severity of rape from a Class B to Class A felony when the perpetrator drugs the victim or knows that his or her drink was spiked.