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Drug Facilitated Sexual Assault
Ways to Combat Drug Facilitated Sexual Assault
Optimize Safety
For more informaiton about ways you can minimize your risk of a drug facilitated sexual assault, click here.
Know the Law
Federal Law
The Controlled Substances Act of 1970 (21 U.S.C. 801 et seq.) regulates the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the production of controlled substances. The act places all regulated substances into one of five schedules based on a substance’s potential for abuse or addiction, medicinal value, and harmfulness.
- Rohypnol was designated a Schedule IV drug in 1984.
- Ketamine was designated a Schedule III drug in 1999.
- GHB was designated a Schedule I drug in 2000.
The Drug-Induced Rape Prevention and Punishment Act of 1996 (Public Law 104-305) modified 21 U.S.C. 841 to provide penalties of up to 20 years imprisonment and fines for persons who intend to commit a crime of violence (including rape) by distributing a controlled substance to another individual without that individual’s knowledge.
The Hillory J. Farias and Samantha Reid Drug Date-Rape Prohibition Act of 2000 (Public Law 106-172) not only designated GHB a federally scheduled drug but also designated the GHB analog GBL a List 1 chemical—requiring registration of distributors, monitoring distribution of the chemical, and subjecting distributors to administrative inspections.
Virginia Law
18.2-61 Rape
If any person has sexual intercourse with a complaining witness who is not his or her spouse or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person, or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness, or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.
18.2-251.2 Flunitrazepam Rescheduling
Virginia makes flunitrazepam (the active ingredient in Rohypnol) a Schedule IV Drug, with Schedule I penalties for illegal possession, importation, or distribution (1997).
18.2-251.3 Scheduling of Gamma Hydroxybutyrate Acid (GHB)
Virginia makes gamma hydroxybutyrate acid (GHB) a Schedule I drug, with a Class 3 felony penalty for possession and distribution (2000).
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