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Date Rape Drugs, Assault & Criminal Charges

Posted on February 14, 2021

When considering date rape drugs and the associated assault and criminal charges, you may be wondering what sentencing and punishments look like. Drink tampering can result in long sentences, if convicted of a criminal charge such as possession of a Schedule I drug (contrary to the CDSA), or assault causing bodily harm contrary to section 267(b) of the Code.

These charges are serious and can have severe consequences on your life. If you are currently being investigated or charged with drink tampering, sexual assault, or assault causing bodily harm, you must immediately speak to a criminal defence lawyer.

What Are Date Rape Drugs?

Date rape drugs are used to impair individuals and cause loss of consciousness, mobility, memory, and control. “Getting roofied” refers to having something slipped in your drink by a friend or a stranger. The term “roofie” originates from the name of the drug that was popularized during the “date rape drug pandemic,” Rohypnol. Rohypnol is still used, however, gamma-hydroxybutyrate (GHB) and opioids are more commonly seen in recent cases.

Both Rohypnol and GHB are common date rape drugs and are extremely dangerous because they can be lethal in the wrong doses and when used in conjunction with alcohol. Alcohol enhances the effects of both these drugs and can cause individuals to lose control and have amnesia-like effects.

These drugs come in many different forms, including tablets, powder, and liquid, and are difficult to detect in drinks. Only small amounts of GHB are necessary for overdoses and can become extremely dangerous when mixed with alcohol.

What Is Date Rape?

There are two common definitions for “date rape.” One refers to the act of slipping a date rape drug, such as Rohypnol or GHB, into someone’s drink to assault the individual once they are inebriated or unconscious. This can also include trying to get someone drunk or high past the point of being able to provide consent with the intent of initiating sexual contact.

The other definition is being sexually assaulted by someone you know, whether it’s a friend or acquaintance, rather than a stranger. The charges associated with either of these acts of date rape are extremely serious. They are considered sex crimes, and if you are currently facing these charges, you must immediately contact a criminal defence lawyer.

Criminal Charges For Possession Of Date Rape Drugs

Under the Controlled Drugs and Substance Act, Rohypnol and GHB are now Schedule I drugs, whereas they were previously Schedule III. This means the legal consequences for being in possession or dealing these drugs are much more severe.

There are also aggravating factors that would contribute to a more serious charge, including if a minor was involved. As with other criminal drug charges, you can be charged with possession, trafficking, importing, production, and exporting Rohypnol and GHB.

With the Controlled Drugs and Substance Act, possession of date rape drugs comes with a minimum sentence. Depending on the circumstances you’re being charged under, you could face a fine or a sentence with a maximum of 10 years. These are severe charges and can immensely impact your life. The law views Schedule I drugs seriously, and it’s important to know the law so you can protect yourself.

Charges For Drug Facilitated Sexual Assault

Drug-facilitated sexual assault refers to sexual assault that happens when an individual is too drunk or high to consent to sexual activity. The stigma that is attached to sexual violence and the charges for sexual assault are devastating. Criminal charges for sexual assault in Canada, if convicted, start at a minimum sentence of one year. Depending on the circumstances of your case, you may be looking at a maximum sentence of 14 years imprisonment.

When you are being charged for drug-facilitated sexual assault, you must talk to an experienced criminal defence lawyer. This will allow you to get the outcome you deserve. If you are convicted of sexual assault, you will have to register as a sex offender, and this will largely change the way you live your life. Do not leave it to chance. Make sure you hire a defence lawyer to best represent you and your interests.

Are There Criminal Charges For Spiking Someone's Drink?

In Canada, there are severe charges for spiking someone’s drink, especially with date rape drugs. Even if no sexual violence occurs, you can still face charges if caught and charged for slipping drugs into someone else’s drink.

If you are caught spiking someone’s drink, you can be charged with assault causing bodily harm by administering noxious things. These charges come with a maximum sentence of 14 years imprisonment. If you are currently being prosecuted for putting date rape drugs into someone’s drink, you need to seek out legal counsel.

When facing drug, sexual assault, or assault causing bodily harm charges, you need an experienced defence lawyer to protect your freedom. Contact us at Ross Lutz Barristers today to see how we can defend your case and find the outcome you deserve.