Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked?

What is Date Rape?

Date rape refers to non-consensual sexual activity that occurs between acquainted parties who are out on a date.

While the relationship of the parties does not define the crime, more often than not, victims of date rape know their perpetrators personally.

This article will cover:

• What is drink spiking?
• What to do if you suspect that your drink has been spiked
• Differentiating between drug intoxication and drunkenness
• Steps to take if you suspect you have been raped
• Related offences and penalties

What is Drink Spiking?

Drink spiking is the deliberate act of adding mind-altering substances like drugs to your beverages without your knowledge. This includes adding more alcohol to a drink so that you achieve a more intoxicated state within a shorter time.

In date rape cases, perpetrators often resort to drink spiking to render you defenceless. As you become disoriented or weakened, it makes it easier for them to overpower you and coerce you into sexual activity. They may also take advantage of your vulnerability to commit other crimes like robbery.

Not being aware of the dangers you are in may leave you with unbearable and suffocating bouts of uncertainty and fear, so it is helpful to know how to recognise if you have been violated and what to do if you have been.

What to Do If You Suspect that Your Drink Has Been Spiked

Identifying possible symptoms

You may have heard of some of the following drugs which are commonly used in date rape cases, namely:

• Rohypnol or “Roofies”
• Gamma Hydroxybutyric Acid (GHB) or “Liquid Ecstasy”
• Ketamine or “Special K”

While some drugs like Rohypnol may have a bitter or weird taste that would immediately alert you, many other drugs do not have distinct properties. This means that they often go unnoticed until their full effects have kicked in.

For example, drugs like GHB or Ketamine are colourless, odourless and tasteless and can leave you incapacitated within minutes of consumption. Hence, it is important to be able to spot some of the common symptoms of drug intoxication.

Many a time, these effects entail symptoms like:

• Heightened waves of emotions, e.g. euphoria
• Nausea and vomiting
• Hallucinations
• Visual problems, e.g. slurring of speech
• Loss of balance
• Reduced muscle control and thus, an inability to move

Differentiating between Drug Intoxication and Drunkenness 

As mentioned earlier, drink spiking is not limited to slipping drugs into your drinks. Perpetrators may also mix more alcohol into your drinks or may simply pass drinks to you continuously. What follows is a hazy memory with no knowledge of what happened.

The listed symptoms above may frequently be confused for those of drunkenness but telling signs that you have been drugged can range from feeling drunk despite drinking less than your usual tolerance level, to an inability to recall the previous night’s events.

For example, these are the two main differences between the effects of taking alcohol and the drug Dormicum, with regard to the rate at which both substances take effect:

1. A single Dormicum tablet is sufficient to induce short-term memory loss, needing only 30-60 minutes for effects to kick in. If dissolved in water, Dormicum needs only 15 minutes to take effect. In contrast, for alcohol to induce the same effect, it needs to be consumed in large quantities within an hour.
2. While alcohol intoxication happens gradually, consuming Dormicum mixed with alcohol would present an immediate effect. This means that you may be rendered unconscious suddenly, or may experience an abrupt change in demeanour.

Steps to Take If You Suspect You Have Been Raped

Signs you might have been raped

• Your clothes are worn wrongly or are torn, and you don’t know why
• You are not clothed, despite not remembering taking them off
• Unexplainable bruises or injuries
• Soreness or pain in your genital region

Immediate steps

Your safety comes first. Thus, if you find yourself feeling like something is amiss, do not dismiss your suspicions. Ensure that you are in a safe place away from your perpetrator and reach out to trusted people like your family and the police for help.

Commencing legal proceedings

You may file a police report any time after the incident, but time is of the essence at this juncture as most date rape drugs leave your body within 24-72 hours upon consumption.

Medical forensic examinations, otherwise known as “rape kits”, are only conducted once a police report has been filed.

To give you an idea of what to expect, the Singapore Police Force lays out its clear and thorough procedure in handling all sexual assault cases:

• Filing a Police Report
  • An officer trained in victim care will help you with your police report, before interviewing privately. Your identity remains protected.

• Taking of Statement
  • An investigating officer (IO) who is specially trained in handling sexual assault cases will record your statement.
  • If needed, emotional support is available at your request.

• Forensic Medical Examination

1. • You will be brought to OneSAFE Centre where trained professionals will look for and record any injuries. They may also collect potential evidence like hair and clothing samples.

After you file a police report, the police will begin investigations which could eventually lead to a trial.

Any evidence collected, like the results of your blood test and your clothing from the day of the incident, will be vital to your case. For example, DNA found on your clothes may link the perpetrator to their deeds, and your blood or urine test could bear evidence of drugs in your system.

Related Offences and Penalties

Needless to say, date rape is illegal.

For one, the possession of certain drugs alone can already constitute an offence. Ketamine and HBA are “controlled” drugs and possession of such drugs is strictly prohibited in Singapore, bringing about our strictest punishments like long jail terms, and even capital punishment.

There are also various sexual offences that could come into play for a date rape case:

It is worth noting that the court seeks to deal out the fairest punishment and adjusts a perpetrator’s sentence in accordance with varying aggravating and mitigating factors.

Aggravating factors warrant the court granting a harsher sentence. This includes the occurrence of repeat offences and the vulnerability of victims.

In the case of Public Prosecutor v Azuar Bin Ahamad, the accused, Azuar, had relied on the drug, Dormicum (containing the active ingredient, Midazolam) to subdue his victims. When sentencing Azuar, the court took his blatant disregard for his victims’ health into consideration as he risked overdosing them with Dormicum.

It also did not benefit Azuar that his offences appeared to be premeditated, meaning that he had invested plenty of thought into his actions.

He also recorded the violation of his victims, which implied that he intended to keep the recordings for repeated viewing or for sharing.

Another aggravating factor was that Azuar had previously committed similar offences and fell back into his old ways within 21 months of his release from prison.

On the other hand, mitigating factors give perpetrators the chance to receive lighter sentences.

Two such factors that the court considered in Azuar Bin Ahamad‘s case was his admission to the charges and the alleged lower harm done to the victims.

However, the court felt that the Azuar’s admission to the charges bore no genuine remorse or guilt, inciting a heavier penalty.

The court also considered reducing the sentence on the account that his victims had been unconscious, which the accused had argued would have subjected his victims to less psychological pain and trauma.

However, the court eventually decided that the mere knowledge of being drugged and raped would be abundantly traumatic to any victim, and that it simply was not sufficient in justifying a lighter sentence for the accused.

All these factors combined made it certain that Azuar would receive severe punishments, with little chance of leniency. The court ultimately convicted him to a total jail term of 37 years and 6 months, and 24 strokes of the cane.

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Date rape victims are often left with overwhelming shame or guilt, which may deter them from seeking professional help. However, it is imperative to remember that in such situations, you are not alone and that your safety comes first.

If you suspect that someone may have spiked your drink and that you may have been sexually assaulted afterwards, contact the police and seek immediate medical help. Their first and utmost priority is helping you.

If you require further assistance or legal advice, do not hesitate to reach out to any of our criminal lawyers.