Sex, Drugs, and Criminal Charges

Unreliable date rape drug testing and a lack of solid evidence can make it difficult to prove drug-facilitated sexual assaults occurred.

Dangerous Date Rape Drugs

Date rape drugs have sedative properties that cause victims to experience unconsciousness and amnesia. Most drugs are odorless, tasteless, and colorless and dissolve easily in alcohol and other beverages within 30 minutes. Commonly used date rape drugs include over-the-counter drugs like tranquilizers and sleeping pills and various prescription medications including Rohypnol (roofies), Ketamine (special K), Gamma-Hydroxybutyric acid (GHB), and Gamma-Butyrolactone (GBL). Drugs are available in pills, liquids, and powders that are easily accessible to perpetrators through illegal street drugs.

Accusers of date rape may have a difficult time proving that sexual assault occurred unless there’s strong physical evidence. There are often no witnesses to the alleged crime, and accusers can have little or no memory of what happened. Some date rape drugs leave the body very quickly, so waiting to report an incident or get medical attention can destroy evidence that a crime has been committed.

Date Rape Testing Flaws

Toxicology testing that confirms exposure to drugs or alcohol is an important factor in claiming sexual assault. In a recent investigation by BuzzFeed News, significant irregularities were shown in date rape testing procedures in state crime labs and hospitals across the country. There is no national testing standard for the range of drugs to be tested, which types of screens should be used, or drug levels that result in positive findings. In the United States, there are currently over 100 known substances now used in date rape assaults, and toxicologists are having difficulty keeping up with sufficient testing procedures.

Research in date rape drug testing shows that many labs only test blood, but evidence of drugs last much longer in urine. In some labs, testing equipment is not sensitive enough to detect even low levels of drugs, so lab results commonly reveal negative results. Other labs rely entirely on drug screening procedures proven to be completely unreliable by the United Nations Office on Drugs and Crime.

A positive urine test showing evidence of drugs is not always sufficient to support sexual assault charges. A positive urine test only proves that the person was likely exposed to the drug within five days prior to the drug test. It does not show how the accuser came to be exposed to the substance.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You might need to know the long-term impacts of a 3rd degree DWI if you have been arrested or charged with driving while impaired (DWI) in Minneapolis, MN. A 3rd-degree DWI conviction can affect you personally, professionally, socially, and financially. A DWI conviction carries consequences, such as paying huge fines, loss of income, paying higher insurance premiums, strained relationships, and reputation damage. Your driver’s and professional license may be suspended or revoked after you are charged or convicted of a DWI. You may also face a civil lawsuit, which costs you money in the form of financial compensation to the accident victim.
One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.