Use of “Date Rape Drugs” in Indiana is a Level 1 Felony

Consent — the voluntary agreement of both parties to engage in sexual activity – can be a determinative factor in deciding whether a sexual assault took place, especially in “date rape” situations. Often, “date rapes” occur when the assailant, without the knowledge of the victim, gives them a drug or other substance designed to lull the victim into a passive, uninhibited state.

The fact that these so-called “date rape drugs” also impair and severely cloud the victim’s consciousness or memory makes it even more difficult for victims to recall and provide details of the assault. Intoxicating and anesthetic substances can rob the victim of his or her will, which means the victim could not have consented to the sexual act. Prosecutors may rely on toxicology reports that demonstrate the presence of an intoxicating substance in the victim’s body at the time of the crime in order to show a lack of consent.

Rape Law in Indiana

Make no mistake: “date rape” is rape. In fact, Indiana’s rape law actually has higher penalties for rape that is facilitated by the use of “date rape drugs.”

In Indiana, rape is defined as “a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct” if:

(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the sexual intercourse or other sexual conduct is occurring; or
(3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct cannot be given;

Under Indiana’s new felony classification system effective July 1, 2014, rape as defined in the preceding section is treated as a Level 3 felony which can result in a prison sentence of 3-16 years.

However, rape is treated as a Level 1 felony with potential prison sentences of 20-40 years if it is “facilitated by furnishing the victim, without the victim’s knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.”

Common Date Rape Drugs

Although there are several pharmaceuticals known to impair an individual’s willpower when ingested, some substances have been closely linked with date rape crimes. Because they create confusion and loss of consciousness in the victim, each of the following substances raise an issue of lack of consent.

• Alcohol. Perhaps not surprisingly, alcohol is one of the most common date rape substances. It is legal, easy to access, and widely available. Excessive consumption of alcohol can lead to memory loss and blackouts. In a nightclub or bar setting, an accused can encourage a victim to ingest so much alcohol that her judgment is seriously impaired.
• Gamma hydroxybutyric acid. More commonly known as GHB, this drug is legally prescribed by physicians to treat patients suffering from insomnia. GHB is available in capsules, liquid, and powder. Because it is a sedative, it can create confusion, dizziness, and sleepiness in unsuspecting individuals.
• Rohypnol. “Roofies” as they are commonly known, is the drug most people think of when they hear the term “date rate drug.” Some hospitals use rohypnol to relax patients before surgical procedures. In strong doses, it can cause memory loss, which is useful for physicians treating individuals undergoing serious operations. It is an extremely powerful sedative that is illegal in many states, including Indiana.
• Ketamine. Although ketamine is used more frequently by veterinarians, it is also approved for use as a human sedative and anesthetic. When given in extremely strong doses, ketamine can lead to respiratory distress and even death.

Defenses to a Date Rape Allegation

As the court of public opinion rarely gives individuals the same due process rights as our criminal justice system, even being accused of rape or sexual assault is enough to ruin relationships, careers, and reputations. Unfortunately, false accusations are common in rape cases. There are defenses to such charges, however, including:

• Lack of evidence
• Mistaken identity
• Revenge accusations, as in the case of a recent breakup or divorce
• Consent on the part of the victim

Given the consequences of a rape conviction and the complexities of mounting an effective defense, it is essential to consult with an experienced Indiana criminal defense attorney as soon as possible if you’ve been charged with rape.

This website has been prepared by John Razumich, Attorney at Law for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.