Sexual Assault and Rape with Drugs Involved

When drugs are involved, especially if the victim took drugs recreationally and then were sexually assaulted, it is common for victims to themselves. However, you were unable to consent and that means that the offender took advantage of you and the blame rests solely on them. At times, drugs are innovated in sexual assault. Also, drugs are used to rape.

What Is Drug Assisted Rape or Sexual Assault?

When drugs or alcohol are used to compromise a person’s ability to consent to sexual activity, resist an assault, or even remember the assault. Diminished capabilities is a legal term that refers to sexual assault and the definitions and charges can vary from state to state. Due to the victims inability to understand what is happening and be able to avoid an assault the drug and alcohol will be taken into account, whether the drug or alcohol were administered by the offender or not.

Drink spiking with drugs or alcohol can unfortunately happen where offenders try to inhibit a victim’s ability to fight off a sexual assault or to render them completely unconscious. Sometimes victims will be left unable to remember the sexual assault. Anyone can drug a victim, even somebody they know and trust.

How Are Drugs Or Alcohol Used In Rape or Sexual Assault?

There are two kinds of sexual assault where drugs or alcohol are used. Either the offender administers drugs or alcohol without the victim’s knowledge, or they take advantage of someone who is under the influence of either drugs or alcohol that they have knowingly taken. Either one is a crime and neither is the fault of the victim. The blame falls squarely on the offender as they took advantage of you in an incapacitated state.

When an offender drugs a victim it results in the victim being in a more pliable state so it is easier to coerce and assault them. A variety of different substances are used in this type of crime though alcohol is the most common. This could mean making them intentionally strong drinks, or adding alcohol to a non-alcoholic drink. Drugs that don’t change the color or taste of a drink are also popular such as ketamine, rohypnol, ecstasy, and GHB. Otherwise sleeping pills, muscle relaxants, and tranquilizers could be used to sedate a victim.


What It Feels Like If You’ve Been Drugged

The effects will vary depending on the drug and in some cases you might not even notice that you have been drugged. If you notice these symptoms in yourself or other people then there is the possibility that you or they have been drugged and you should seek out someone you trust.

  • Nausea
  • Difficulty breathing
  • Losing control of your bladder
  • Feeling drunk even if you haven’t had any alcohol, or not as much alcohol as it seems.
  • Dizziness, blurry vision, or disorientation
  • Feeling suddenly hot or cold
  • Waking up with large chunks of missing memories


How To Preserve Evidence

Many of the drugs that can be used in sexual assault leave the system quite quickly so it is important to act fast if you think you have been drugged. The best possible option would be to get to a hospital immediately and ask for a sexual assault forensic exam. The National Sexual Assault Hotline will be able to help you find a hospital that is able to give you an exam if you need to. If you aren’t able to make it to a hospital right away then it is possible to save your urine in a clean, sealed container in the fridge until you are able to get a sexual assault exam.

Brad Nakase, Attorney


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