I'm aware that most ppl on this forum aren't members of the Law/Legal/LE community, but it's so often I see things posted as fact, without citation, that simply aren't correct. I think often times this is some long perpetuated assumption or merely one posting "what somebody once told them." I'll preface this by stating that I've investigated 100s of "sex crimes" in my 17 year career. I've observed ppl stating "drunk sex = rape", or something to that effect multiple times. I just want to clarify a few things on that topic. I'm not posting this nor any of my opinion on the topic, because after my affidavit & criminal complaint are submitted, it's up to the magistrate/judge, following the definitions of the State's penal code to determine whether a "victim" was able to form "consent". Attached is each States' definition of "Rape", as well as their definition of "Consent." There is no Universal Law. As you can see, each state has their own definitions. Va, however leaves a lot of room for interpretation, where as several other states are much more specific when it comes to intoxication & consent.
http://relieffundforsexualassaultvictims.org/resources/sexualassaultchart_NCVLI-D.doc
Let's find Hannah.
Sorry for quoting my own post.
I also wanted touch on the topic of "Date-Rape drug." I constantly see over, and over again allegations, suspicion, etc. of the use of a date-rape drug. Quite often during an investigation, I've had a victim state the think they were "roofied" (which specifically refers to Rohypnol; a chemical I've never come across in my 17 years). Rohypnol is a benzodiazepine, so I personally think "roofie" is a coverall term for this classification of benzodiazepines. From the use of lab results, as well as through interviews and other forms of investigation, I've yet to see a case in my office, where the use of a date-rape drug has been confirmed. Yes, lab work has shown traces of different benzos in some victims. However, benzos are prescribed to a fair amount of individuals, and through my investigations (as well as the years working in Narcotics), they are a commonly abused substance. GHB was commonly used in the mid 80s to early 90s in the bodybuilding scene. It had a resurgence in the late 90s to early 2000s in the Rave culture. GHB is a substance ppl commonly refer to as a date rape drug. Personally, I've never encountered it in a sexual assault/rape investigation.
Keep in mind, the city I work in, is one of the 5th most populous cities in the US. Many ppl are on medication (of various types) or consume other chemicals that greatly exacerbate the effects of alcohol whether they're aware or not. Ppl also sometimes are not aware of the amount of alcohol they have consumed, nor exactly how it'll effect them specifically on a particular occasion. Factors including, but not limited to; hydration, nutrition, medication, climate, disease, etc. all play a significant role in the effects of intoxicants.
The following is strictly MO. I think the claims of being drugged often stem from the above mention factors as well as other personality factors. Ppl sometimes refuse to take responsibility for the fact the simply drank too much. Ppl think they are able to "hold their alcohol". Whether ppl want to believe it or not, there're individuals who simply seek a reason/excuse for their actions. One quick example (and I've had multiple instances like this). After taking a sexual assault complaint at Noon on Saturday, I transported an individual to the hospital for a kit & blood work. Said individual claimed they thought the were "drugged", and stated they had 3 drinks. The last drink at approx. 0100hrs (11 hours earlier). At noon there BAC was .09. If somebody is familiar in calculating the metabolism of alcohol in reference to BAC, you can do the math. Were they sexually assaulted? Yes. Did I believe them? Yes. Were they highly intoxicated? I believe so. Were there signs of a date-rape drug? None that medical experts could determine.
None of the above is in reference to this case, nor any other on the forum. It's simply my thoughts/experiences on date-rape drugs, and the my thoughts/experiences regarding the over excessive speculation of their use in crimes.
