Drug-Assisted Sexual Assault
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There is increasing public concern about ‘drink-spiking’,
with a perception that the chance of becoming a victim
of rape or sexual assault after being unknowingly drugged
is growing.
The Government is committed to tackling this problem,
but we must do so in a measured and balanced way. It
is important that any action is based on sound information,
which defines not only the true nature of the crime
itself, but also the extent of its prevalence. It is
important not to perpetuate the circulation of myths
and inaccuracies that may cause unwarranted fear or
concern, while encouraging both men and women to take
sensible precautions. As far as the evidence suggests,
the commonest form of drug rape is facilitated by alcohol.
The very nature of this abhorrent crime makes evidence
gathering and prosecutions extremely difficult. Rape
is generally a crime that is under-reported to the police,
and the disablement and confusion that is experienced
by victims of drug rape can make reporting an incident
even harder.
Advice
on Preventing Drug-Assisted Sexual Assault
Nature of the problem
Findings from the 2001 BCS Inter-Personal Violence
Module showed that in 5% of rape cases (using the 1994
definition) since age 16, victims said that they were
drugged in some way; and in 15% that it was done when
they were incapable of consent due to alcohol.
Unfortunately the list of substances that may be used
in such cases is literally endless, with any substance
which may have a sedative effect being a possible candidate.
There are at least nine drug groups and 14 specific
substances that have been identified by various sources
that can or have been used in cases of drug assisted
sexual assault. This includes both controlled and uncontrolled
drugs.
While drugs like Rohypnol and GHB (Gammahydroxybutyrate)
have received wide publicity, they are rarely found
in samples. From casework experience over recent years,
only a small number of cases (1-2 per cent) contain
unexplained sedative drugs and when unexplained drugs
have been detected, they have been a mixture of controlled
and medicinal drugs. It is often difficult to determine
whether the drugs detected were actually taken knowingly
or administered covertly.
Added to this is the fact that the effects of most
sedative (both licit and illicit) drugs are dramatically
increased when combined with alcohol.
The Government outlawed the drug Gammahydroxybutyrate
(GHB), in July 2003. GHB became controlled under the
Misuse of Drugs Act 1971, after the Advisory Council
on the Misuse of Drugs (ACMD) recognised that it was
being widely misused and had harmful effects.
This year, it is predicted that the Forensic Science
Service (FSS) will receive 600 suspected drug facilitated
rape cases. The FSS has also pointed out that in most
samples sent for analysis, the findings are of a high
level of alcohol rather than drugs.
However, we are acutely aware that these results are
not a real representation of the problem. Unless samples
are taken quickly, the traces of some drugs will have
left the system by the time a forensic analysis is undertaken.
Action Underway
Operation Matisse: It is in recognition of these limitations
that the police this year launched Operation Matisse.
This six-month study involves the Metropolitan Police
Service, Greater Manchester, Northumbria, Lancashire,
West Midlands, Leicestershire and Derbyshire police
forces. In these areas, a thorough forensic analysis
will be carried out on all complaints of sexual assault
specifically where the allegation involves drugs or
alcohol being used to carry out the assault, allowing
us to understand the extent of the problem and to establish
some scientific data. It is the first co-ordinated study
to look at drug-assisted sexual assault, and will provide
valuable information on which effective action can be
based.
More
information on Operation Matisse
Legislative action: The Sexual Offences Act has strengthened
legislation on drug rape. The Act came into force on
1 May 2004 and makes it an offence to administer a stupefying
substance with the intent of overpowering the victim
to engage him or her in sexual activity, either with
the offender, or with another person.
This offence carries a maximum penalty of 10 years
imprisonment and can be charged whether or not a substantive
sex offence takes place. Where a sexual offence follows
the administration of a substance, this may be charged
separately.
This offence replaces the offence of ‘administering
drugs to a woman to obtain or facilitate intercourse’
which had a lower maximum penalty of 2 years. The new
offence is gender neutral and drawn more widely, relating
to all sexual activity, not just intercourse.
Find out more about the Sexual
Offences Act 2003.
Awareness campaign on drug rape
The Home Office Drugs Prevention Advisory Service (DPAS)
supported a drug rape awareness campaign called Spiked!
The campaign was funded through Drugscope’s Millennium
Awards scheme (funded by the Millennium Commission with
the support of the Mentor FoundationUK and DPAS, and
the Regional Screen Agency for the East of England).
It was launched at the end of September 2003 in key
United Kingdom (UK) and university cinemas and ran until
November 2003. The infomercial aimed to increase awareness
of the dangers of drug rape and make people aware of
how they can protect themselves.
Action on rape
The Home Office published the Rape Action Plan in July
2002 (drawn up in collaboration with the police, Crown
Prosecution Service (CPS) and court service) to improve
the investigation and prosecution of rape cases. Although
it does not relate specifically to drug rape, there
are a number of measures we are introducing that include:
Launching an evidence kit to be used by first response
police officers, to improve evidence collection
- Reviewing victim examination facilities
- Improved training for prosecutors and police officers
- Rape
Action Plan Report
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