Drug or drink facilitated Sexual Assault

Attendees at party’s raves etc often consume drugs or alcohol, this can be a source of easy victims for those seeking to commit sexual offences. There are drugs that, if slipped into drinks can cause the drinker to be extremely vulnerable. The effects range from feeling tired, dizzy confused and a general loss of inhibition and reduced levels of consciousness. One of the side effects of these drugs is amnesia, as such you may not even recall being assaulted or who by.

 

Be drug aware

The best way to avoid being the target of a sexual predator is to take the following 5 precautions: -

1 – If buying drinks at a bar do not leave them unattended;

2 - Avoid open containers like punch bowls or jugs as they could easily become “spiked”;

3 – Only accept the offer of a drink if it’s at the bar and you can see the barman pour it;

4 – Don’t drink anything that tastes strange; and

5 – Stay with friends or within a group.

 

Knowing the main drugs used to facilitate rape / sexual assault can protect you from harm, they are generally mixed with alcohol - please see table below: -

 

Name	GHB (gamma-hydroxybutyric acid).
Description	This is a depressant that has many nicknames: easy lay, Georgia home boy, liquid X, liquid ecstasy, liquid E, grievous bodily harm, Gib, scoop, soap, salty water, organic Quaalude, or fantasy.
Appearance	GHB is usually a liquid or a powder. Neither form has a smell or a taste.
Effects	GHB can make you sleepy, forgetful, or weak. It can also cause seizures, a slow heartbeat, slow breathing, and a coma. The effects start in 15 to 30 minutes and last 3 to 6 hours.
Name	Rohypnol (flunitrazepam).
Description	This is a strong benzodiazepine (a class of tranquillizers) also known as Mexican Valium, circles, roofies, la rocha, roche, R2, rope, and forget-me pill. It is sometimes use it as an anaesthetic before surgery.
Appearance	Rohypnol used to come as a white tablet that didn’t have a smell or taste. Drug companies now make it a light green pill with a blue core. If someone puts it in a clear drink, the liquid turns blue.
Effects	In high doses, it can cause trouble controlling your muscles, amnesia, loss of inhibitions, and loss of consciousness. Its effects usually start within 30 minutes and peak about 2 hour’s after you take it.
Name	Ketamine
Description	This is a dissociative drug that makes you feel detached from reality. Its nicknames include Special K, vitamin K, and cat Valium. Doctors and veterinarians use it as anaesthesia. Researchers are also studying it in people who have severe depression.
Appearance	Alcohol
Effects	Most people have been drunk and understand the effect of it. Generally this involves a feeling of euphoria, happiness, feeling woozy, drunk, inhibitions are generally lowered.

 

You cannot be deemed responsible to give consent to sex when you are under the influence of drugs/alcohol.

 

Damages

You can claim damages from various sources, including:-

1 - Direct from the attacker

This is preferable as it gives a direct punishment for the crime, you have 3 years to bring a financial claim.

• There is no upper limit of the sum the court could allow;
• You can claim a loss of income (CICA has a 28-week window); and
• The courts prefer this approach as there is no cost to the public purse and is at the direct detriment of your attacker.

2 - Under the Criminal Injury Compensation Authority (CICA)

When claiming from the CICA, the funds would be coming from the public purse. You must also submit your application to CICA within 2 years to bring a claim. You can only claim if you are incapable of working for more than 28 weeks before you can make a claim.

3 - From an employer

If the offence occurred at work, or they could have been deemed to be representing their employer at the times (such as wearing their work uniform) then we may be able to claim off the employer’s insurance, whilst this means that there is little damage to your attacker personally insurance companies have far deeper pockets than individuals. 

 

How we can help

If appointed we would appoint a medical professional to evaluate your situation, their report will detail any blood tests and physical injuries and the general prognosis. The expert’s report will form the basis of any claim and your caseworker will discuss their findings with you. If the attacker can be traced, we would seek to work with the police to prevent duplication of reports etc. The police will look at the criminal aspect whilst we would look at the civil side. In effect this means claiming for damages (compensation), obviously this is far easier if they have been found guilty. As part of the compensation claim we would also include specialist costs so that your friend can receive face to face help from our appointed counsellors, physiotherapists etc.

 

If the assault occurred while the attacker was at work, or could have been perceived as working for an employer at the time (vicarious liability rules) then we would also consider claiming under their insurance.

 

To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact.