Date rape, or drug-facilitated sexual assault, is non-consensual, forced sexual intercourse that occurs with a date, acquaintance, or friend. It’s a type of sexual assault in which date rape drugs are used. The victim of date rape knows the alleged violator because the parties have a relationship.
Date Rape Drugs
Date rape drugs are chemicals used to accomplish a certain type of sexual assault. When specific drugs are used in this manner, the victim ingests drugs without realizing it.
The drugs used in date rape cause memory loss and/or sedation. They’re often mixed into an alcoholic drink to amplify their effects.
Drugs used to facilitate date rape are usually tasteless and odorless. They’re difficult for the drinker to detect. After consuming a date rate drug, the drinker may feel confused or weak. In sufficient amounts, some date rape drugs cause loss of consciousness.
The victim of date rape can’t fight back. If assault takes place, they might not know that anything happened.
Unfortunately, anyone can experience date rape made possible by ingesting a date rape drug.
Date Rape Drug Types
Among the most common date rape drugs are gamma hydroxybutyric acid (GHB), Rohypnol, ketamine, and chloral hydrate:
1. Gamma hydroxybutyric acid or 4-hydroxybutnoic acid – sodium oxybate (GHB) is a depressant. It’s occasionally used in the treatment of narcolepsy and cataplexy.
GHB is legally used for treating these conditions, and is a controlled substance that’s authorized for use only in certain patients. Gamma hydroxybutyric acid is traditionally dispensed as a powder and, as such, is easily absorbed by liquid. GHB is also available as a pill or liquid. It may be salty to the taste of some users. GHB amplifies the depressant effects of alcohol. Consuming it can cause respiratory depression (the user finds it difficult to breath) or coma.
It’s fast-acting. The consumer typically experiences the drug within 15-30 minutes after ingesting it. The effects wear off in three to six hours. A low dose of GHB can cause vision distortion, drowsiness, or nausea. Taking a larger dose may cause 1) loss of consciousness, 2) nausea/vomiting, 3) seizure, 4) lowered heart rate, 5) depressed body temperature, 6) respiratory depression, 7) dream-like feelings, 8) sweating, 9) coma, or 10) death.
GHB is a popular street drug. It’s available to perpetrators on the black market. Popular names for GHB are “Vita-G,” “Bedtime Scoop,” “Somatomax,” “Cherry Meth,” “Liquid X,” Easy Lay,” Goop,” “G-Juice,” “Gook,” and others.
Giving GHB to an unknowing party can result in rape charges.
Highest risk of overdose
GHB is highly potent. It’s highly potent, and many home labs manufacture GHB for street consumption. It’s an extremely dangerous drug and bears the highest risk of overdose of the popular date rape drugs.
2. Rohypnol, or Flunitrazepam, is a type of benzodiazepine, or central nervous system depressant. It’s used outside of the United States to treat seizure, anxiety, or sleep disorders. The drug is illegal to use in the United States.
Small amounts of Rohypnol cause relaxation and sleepiness, but larger doses can cause the user to lose consciousness. The onset of effects occurs in about 20 minutes, with an average duration of about 10 hours from ingestion.
Although a newer blue-green pill is available that turns a drink blue when dissolved, but the older white pill is still available. The white pill is easily dissolved in a drink and isn’t detectible by taste, sight, or smell.
Rohypnol effects include: 1) muscle relaxation, 2) lower blood pressure, 3) drowsiness/difficulty remaining awake, 4) tremors, 5) lowered inhibition, 6) impaired memory, 7) dizziness, and 8) confusion.
Street names for Rohypnol include “Roofies,” “Whiteys,” “Circle,” “Poor Man’s Quaalude,” “Trip-and-Fall,” “Rope,” “Forget Pills,” “Lunch Money,” “Mind Eraser,” “Mexican Valium,” “LA Roaches,” “R-2,” “Roach-2,” and others.
Use of Rohypnol on an unwitting party can lead to rape charges.
This drug is illegal in Texas and most states.
High risk of overdose
According to the National Institutes of Health (NIH), Rohypnol is 10 times as potent as a sleeping pill and valium cocktail.
3. Ketamine, or ketamine hydrochloride, is legal in the United States. It’s legally used as an anesthetic on animals and, less frequently, people. Because it’s often used on animals, it is commonly diverted from veterinary hospitals. Ketamine is usually found in liquid form. It’s undetectable when mixed in an alcoholic drink.
Ketamine works quickly after ingestion, with effects in about five minutes. The duration of effects is about 30 – 60 minutes, but impairment can last up to 24 hours. Effects include 1) hallucinations, 2) sense of lost time, 3) poor coordination, 4) convulsions, 5) respiratory depression (to fatal respiratory failure), 6) dissociative state, 7) dizziness, 8) difficulty speaking, 9) tachycardia (very high heart rate), 10) nausea/vomiting, or 11) impaired motor function.
Ketamine’s street name is “K,” “Super Acid,” “Special K,” “Purple,” “Black Hole,” “Psychedelic Heroin,” “Bump,” “Kit Kat,” “Cat Valium,” “K Hole, “Green Jet,” and others.
Giving ketamine to at unknowing victim who ingests the drug and participates in sexual activity can result in rape charges.
High risk of overdose
Like other common date rape drugs, ketamine is highly potent and fast-acting.
4. Chloral hydrate is another common date rape drug. It’s a legal sedative that’s infrequently used to treat anxiety and/or insomnia, before or after a surgical procedure. Chloral hydrate is available in liquid and capsule forms. Both are used to facilitate rape. It’s possible to taste chloral hydrate in a drink. It tastes slightly bitter. Alcohol amplifies chloral hydrate’s sedative effects.
Chloral hydrate is fast-acting. Effects, including 1) difficulty staying awake, 2) rash/itchiness, 3) nausea/vomiting, 4) confusion, 5) diarrhea, and 6) respiratory depression/depressed heart rate begin 15 – 30 minutes after taking it. The duration of chloral hydrate is two to three hours.
Chloral hydrate capsules are available in pharmacies. They’re stolen and find their way to the street market. Liquid chloral hydrate may be created from commonly-available household products.
Street names for chloral hydrate include “Mickey Finn” and “Knockout Drops.”
High risk of overdose
Chloral hydrate, like most date rape drugs, is fast-acting. Because alcohol increases its ability to sedate the user, an overdose can have fatal results.
Providing an unwilling victim with chloral hydrate for the purposes of sexual assault is a crime that may result in rape charges.
5. Alcohol is a legal depressant and it’s frequently cited in date rape cases. It’s viewed as a date rape drug.
The alleged perpetrate generally uses alcohol to impair the victim’s physical motor abilities and mental judgment.
Many other date rape drugs are combined with alcohol. Most are undetectable to the consumer in alcohol.
The law doesn’t consider the assault victim as “at fault” in a date rape case, even if he or she was drinking.
High risk of overdose
Drinking alcohol is known to impair the drinker’s ability to identify risky situations and his or her ability to think clearly. When a victim is impaired by alcohol, he or she isn’t able to defend against the attacker in a physical/sexual assault. Each individual’s tolerance to alcohol is unique. “Severe drinking” may occur after one or two drinks in some people, and may result in temporary memory loss or unconsciousness.
Date Rape Consequences
Date rape isn’t specifically recognized by the laws of Texas. If you or someone you care about is accused of date rape, you may face sexual assault charges under Texas Penal Code Sec. 22.011.
If convicted of sexual assault, the offender faces second-degree felony penalties, or two to 20 years in a Texas prison and/or a maximum of $10,000 in fines. In some particularly gruesome crimes, the offender may receive five to 99 years in prison and a maximum $10,000 fines.
In addition, a date rape sexual assault conviction may add civil punishments, including:
- Mandated registration on the sex offender registry
- Criminal record creation
- Loss of gun owner rights
- Loss of personal relationships and public scorn
- Ineligibility to hold public office, vote, or serve on a jury
Contact an Experienced Sex Crimes Attorney in Houston TX
If you or someone you love is facing sexual assault charges, you need a Texas date rape lawyer to protect your rights now.
Contact The Law Office of Matthew D. Sharp to learn what legal options may be available to you at 713-868-6100.