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One legal approach to
the problem of drug facilitated assault is to identify the broad category of
drug and alcohol facilitated sexual assault as rape achieved with a weapon
(that is, the drug).
A weapon is actively
employed or used by a perpetrator to ensure submission. Implicit
within the “Drugs as Weapons” metaphor is a concern with the victim’s
capacity to consent.
GHB
(gamma-hydroxybutyrate), a Schedule I drug under the Controlled Substances
Act, is a powerful central nervous system depressant that is used illicitly,
often for its euphoric and sedative effects but also for the commission of
drug-facilitated sexual assault. GHB trafficking and abuse have become a
particular concern to law enforcement and public health agencies because of
increasing availability of the drug in some areas, sharp increases in ED
mentions for GHB since the mid-1990s, and the use of GHB in the commission of
drug-facilitated sexual assault. Federal, state, and local law enforcement
agencies in every region of the country report that GHB appears to be the
substance most commonly used in drug-facilitated sexual assaults because of
its powerful sedative properties. Gamma HydroxyButyrate commonly referred to
as a date rape-drug, GHB was originally used as a substitute anabolic steroid
for strength training. GHB has been used in the commission of sexual assaults
because it renders the victim incapable of resisting, and may cause memory
problems. GHB costs approximately $10-$20 per dose and is frequently mixed
with alcohol.
As
of January 2000, DEA documented 60 GHB-related deaths.[i] When used to commit
sexual assault, the drug typically is mixed into victims' drinks--usually
without their knowledge--to mask the drug's salty taste. GHB is rapidly
absorbed and metabolized by the body. Detectable levels of GHB may remain in
urine for approximately 8 to 12 hours and in blood for 4 to 8 hours after
ingestion. Routine blood or urine testing do not screen for GHB; therefore,
it is important to specifically request a GHB screen as soon after the
assault as possible. Detectable levels of undigested GHB may be found in
victim's vomit; vomiting is a common effect of GHB use.
On February 18, 2000,
the "Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of
1999" (Public Law 106-172) was signed into law, legislating GHB as a
Schedule I controlled substance. GBL was also regulated under this law as a
List I controlled chemical. Illicit use of GHB analogs may now be prosecuted
as Schedule I substances under 21 U.S. Code § 813. GHB analogs are
treated as controlled substances under Federal law only if intended for human
consumption. According to 21 U.S.C. § 813, "a controlled substance
analog(ue) shall, to the extent intended for human consumption, be treated,
for the purposes of any Federal law as a controlled substance in Schedule
I." Thus, authorities can prosecute drug offenses involving GHB analogs
in the same manner as offenses involving GHB. (See 21 U.S.C. § 802(32) for
the definition of a controlled substance analog(ue).)[ii]
[i] DEA Congressional
Testimony, Statement by: Richard A. Fiano, Chief of
Operations Drug Enforcement Administration, Before the: Caucus
on International Narcotics Control Date: July 25, 2000
[ii] National Drug Intelligence Center, 319
Washington Street, 5th Floor, Johnstown, PA 15901 Tel. (814) 532-4601
, FAX (814) 532-4690, E-mail
NDIC.Contacts@usdoj.gov
National Drug
Intelligence Center, 8201 Greensboro Drive, Suite 1001, McLean, VA 22102-3840
Tel. (703) 556-8970, FAX (703) 556-7807,
Web Addresses: ADNET:
http://ndicosa,
DOJ: http://www.usdoj.gov/ndic/
LEO: home.leo.gov/lesig/ndic/
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