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Drug Facilitated Sexual Assault Issues Paper

NCJ Number
188888
Author(s)
Linda E. Ledray
Date Published
2000
Length
25 pages
Annotation
This paper discusses issues related to the problem, prevalence, and investigation of drug-facilitated sexual assault (DFSA), which involves administration of a drug to a potential sexual assault victim, such that she is rendered incapable of resisting a sexual attack.
Abstract
The most prevalent drug used to facilitate a sexual assault continues to be alcohol. Although this is not a new problem, it has been increasing in recent years with the use of inexpensive, readily available legal and illegal drugs that not only incapacitate a victim as does alcohol, but which can be given to victims surreptitiously. These drugs can cause an anterograde amnesia. Under such circumstances, the victim is uncertain about what has happened to her and is unlikely to report her victimization to law enforcement; when a report is made, it is often significantly delayed. As a result of the challenges in detection and investigation, this crime is seldom prosecuted, and conviction rates are believed to be substantially lower than for non-DFSA cases of sexual assault. This paper lists some of the drugs that may be used in DFSA's, related Federal law, and issues that must be addressed by the Sexual Assault Response Team. The latter include who should decide when to test a possible sexual assault victim for drugs in her system, under what circumstances testing should occur, the time period and source for testing, and who should pay for drug and alcohol testing. Other testing issues considered are the drugs that should be included in the drug screen, where tests should be conducted, informed consent options, and who will get the test results. Also addressed are victim/victim family issues, the medical examiner's role, prosecution, and advocacy. A typical DFSA scenario is presented. 7 references