What You Need to Know About Drug/Alcohol-Related Sexual Assault
The prevalence of sexual assault, whether or not it involves alcohol or drug use, has been considered to be a silent epidemic that victimizes a large majority of the population. Though the actual percentage of sexual assault incidents is hard to accurately determine due to many unreported or dismissed cases, there are still common characteristics for identifying drug or alcohol-related sexual assault. It is important to note that sexual assault, whether facilitated by drugs or not, can happen to anyone by anyone no matter the occasion or circumstances. Here’s everything you need to know about drug/alcohol-related sexual assault.
Related: What is Considered Sexual Assault in California
Drug-Facilitated Sexual Assault
According to the U.S. DEJ’s Drug Enforcement Administration, drug-facilitated sexual assault (DFSA) occurs when alcohol or drugs are used to compromise a person’s ability to consent to sexual activity. Drugs and alcohol make it more difficult for a person to acknowledge their surroundings and situation, and thus inhibits their ability to resist or remember the assault. DFSA can involve a perpetrator giving a victim drugs directly with the intention of assault or taking advantage of them. Drugs commonly involved in these assaults include:
- Ketamine
- Rohypnol (also known as “roofies”)
- Gamma-hydroxybutyric acid (GHB)
- Sleep aids, anxiety medication, or muscle relaxers
- Ecstasy
These drugs do not affect every individual in the same way so effects may vary. However, they will cause diminished capacity to some extent. This means that an individual does not have the capacity to consent, whether it be caused by unconsciousness, passing out, or anything other action that would clearly inhibit a victim from consenting to a sexual act.
Alcohol-Facilitated Sexual Assault
Many studies have been conducted to try and fully investigate the relationship between alcohol consumption and sexual assault. However, it has been shown that alcohol is the most common substance used to perpetrate drug-facilitated sexual assault, as stated by RAINN. Drinking alcohol can alter both the victim’s and perpetrator’s perceptions and behaviors in a situation. Furthermore, drinking alcohol may lead to memory loss, impaired thinking and judgment, difficulty setting boundaries, limited communication skills, and inability to fight back during a sexual assault. Perpetrators under the influence of alcohol may behave more aggressively as a result of their impaired ability to control their behavior.
Victims of alcohol and drug-facilitated sexual assault should never feel that they are the ones to blame, no matter what the circumstances were or what the events were leading up to the assault. When a person decides to use drugs or alcohol, they are not choosing to be sexually assaulted. According to a published study by the National Institute on Alcohol Abuse and Alcoholism, it has been estimated that 25% of (or 1 in 4) American women have experienced sexual assault, including rape. Furthermore, approximately one-half of those cases involve alcohol consumption by the perpetrator, victim, or both. Nearly a quarter of men in the United States have also experienced some form of contact sexual violence in their lifetime, as evident in NSVRC statistics.
Tips to Protect Yourself from DFSA
There are a few key examples of how to keep oneself safe when one decides to partake in alcohol or drugs, especially in public settings. For example:
- Keep track of how much alcohol is being consumed
- Discard your drink after leaving it unattended
- Insist on watching your drink being made in front of you, or making it yourself
- Do not take drinks from people you do not know or drinks that you did not open yourself
- Take note of exit points when entering a new setting
- Watch out for your friends and keep track of one another’s whereabouts in public settings
- Do not mix alcohol and drugs
Individuals who abuse or are addicted to drugs also may find themselves in dangerous situations that increase their risk for sexual abuse or assault. It is always important to keep track of your drug or alcohol intake, as well as your surroundings in order to efficiently protect yourself.
Related: How to Sue a Nightclub for Sexual Assault
If you think you or a friend have been drugged, get medical help immediately.
FAQs About Drug/Alcohol-Related Sexual Assault
Does drugging another person constitute a crime?
Yes. Drugging another person without their knowledge or consent is a crime. Federal acts have also been passed that back this statute, such as the Drug-induced Rape Prevention and Punishment Act, as an amendment to the Controlled Substance Act. This amendment established federal penalties for those convicted of administering a controlled substance to someone without their knowledge or consent, which may result in up to 20 years in prison and additional fines.
What are some common signs of being drugged?
Different substances will have varying effects on individuals, though there are several warning signs that may alert you to the possibility of drugs in your system. These may include nausea, sudden dizziness or blurred vision, waking up with lost or disoriented memory, difficulty breathing, or feeling drunk without consuming any, or very limited amounts, of alcohol.
Contact
If you have any more questions about drug and alcohol-related sexual assault, contact us. We’ll get you in touch with the most qualified lawyer for your needs and preferences. Get your free consultation with one of our experienced sexual assault attorneys for women in California!