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Question about date rape drugs

La Mesa, CA |

Hi this is just for a book, I've been desperately trying to research this and with no proper info. So my female character goes on a date with a guy to a restaurant. While she's in the restaurant he puts a date rape drug in her drink. He take her in his car, tries to rape her but doesn't get the chance because someone intercepts them and finds them. If the police trace the drug in her urine and find him in possession of the date rape drugs, would there be a trial? What charges would he be facing? They are both in their late 20's. Thank you so much!

Attorney Answers 6


  1. Best answer

    At a minimum, attempted rape, possession of drugs (unclear which drug you're referring to as many prescription and illicit drugs can induce intoxication and unconsciousness). The notion of a "date rape drug" was conceived in the mid 1990's but per available studies looking at cases where alleged victims believe their drinks were "spiked" the phenomenon mostly occurs in b-movies and apparently fiction books (I wasn't aware people still read). From Wikipedia, "One study of 1,179 urine specimens from victims of suspected DFSAs in 49 American states found six (0.5%) positive for Rohypnol, 97 (8%) positive for other benzodiazepines, 451 (38%) positive for alcohol and 468 (40%) negative for any of the drugs searched for. A similar study of 2,003 urine samples of victims of suspected DFSAs found less than 2% tested positive for Rohypnol or GHB. A three-year study in the UK found two percent of 1,014 rape victims had sedatives detected in their urine 12 hours after the assault. A 2009 Australian study found that of 97 instances of patients admitted to hospital believing their drinks might have been spiked, tests were able to detect drugs in none."
    Obviously it does happen but not at the rate that its alleged victims or the general public or media believes. Best of luck with the book


  2. You should put the following entry into a search engine such as Google: “Drug-Induced Rape Prevention and Punishment Act of 1996.” Even if your female character did not drink the drug-laced drink, the man could be charged with attempting to commit the crime. Another good source of info about date rape is www.rainn.org.

    I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.


  3. A good criminal defense attorney would likely be able to get him off with a simple possession of drug charge. That should make the ending quite interesting.

    http://lawofficeofwilliamdaley.com/home/17-legal-defenses-such-as-self-defense-to-california-crimes

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  4. Hopefully your "book" is fiction. Either way, perhaps it's time to retain the services of a locally experienced criminal defense attorney.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  5. There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.


  6. Ah, the beauty of a work if fiction... The question is for you... Do you want there to be a trial? If so, write in an overly aggressive DA that overcharges the case and offers no realistic plea bargain, forcing your character to trial. Do you not want a trial? Then pen a wily defense attorney that gets the charges dismissed - either because the evidence is insufficient or because of legal maneuvering (motions to suppress evidence, etc).

    Your character could face possession I a controlled substance, attempted rape, assault with intent to commit rape, kidnap, kidnap or the purpose of rape and a host of other potential crimes.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.