DRUG FACILITATED CRIME (DFC) –

Drugs can be used as a tool in criminal activities such as money extortion, sexual assault and robbery. Drug facilitated crimes (DFC) occur when a person breaks the law while under the Influence of drugs. Victims are sedated or otherwise influenced in these crimes, rendering them passive or agreeable to the perpetrator’s activities. The surreptitious administration of sub lethal amounts of drugs as a form of punishment and the administration of abortifacients to expectant mother’s without their knowledge or consent are also drug facilitated crimes. It involves:

• Robbery – Robberies are frequently planned to capitalize on victim’s anticipation of sexual delights, allowing them to be drugged and robbed. Based on research and surveillance, victims can be targeted or selected. Perpetrators might operate alone or as part of a group. The heightened susceptibility of travelers as a result of new surroundings is a key risk factor for drug facilitated robberies.

• Sub lethal Poisoning – Intentional poisoning, as opposed to homicide, can involve revenge, punishments or pranks intended to embarrass or compromise victims. Adding laxatives to food is one example, as is disciplining and punishing students to consume huge volumes of liquids or unpleasant substances like spices or hot sauce which can cause discomfort or disease.

• Termination of Pregnancy – Medically approved abortifacient drugs, such as misoprostol, are used for medical abortions in specific circumstances. Misoprostol, a prostaglandin, induces uterine contractions and regulates gastric acid secretion. It is sometimes used in non- pregnant individuals to prevent gastric ulcers, providing a pretense for covert administration to induce abortion without revealing the actual intended use.

• There are many more such conditions like, Sedation by Caretakers, Sporting Advantage (performance enhancing drugs), Commercial Advantage, Interrogation (Narcoanalysis of criminals), Sexual Assaults, Investigative Considerations.

DRUG FACILITATED SEXUAL ASSAULT (DFSA) –

Sexual assault includes any sexual activity with another individual without their consent. Inappropriate touching, intercourse, or attempted intercourse are all examples. Various medicines can be used to render victims physically incapable of refusing sex. They are sometimes unable to recall the assault. Although drugs can be hidden in food or drinks, sexual assault is also prevalent following the consensual ingestion of recreational drugs or alcohol.

Alcohol remains the most commonly used drug in crimes of sexual assault. Drugs being used by perpetrators in crimes of sexual assault include, but are not limited to, GHB (Gamma Hydroxybutyric Acid), GBL (Gamma-Butyrolactone), Ketamine and Benzo-diazepines (like Rohypnol). In certain amounts, any drug can leave you helpless.

• Exposure Situations:

The prototypical DFSA scenario involves a female drinking alcoholic beverages in a social context who is drugged secretly by a male and wakes up several hours later in a different location with no memory of activities that may have occurred during the missing time gap. She is then confronted with strange sensations and physical signs suggestive of sexual conduct. DFSA cases are diverse, involving female perpetrators, same-sex assaults, and other offenses like child molestation. They can involve related individuals or romantic relationships, and can occur in risky engaging settings such as hitch-hiking or trusted HealthCare centers.

• Drugs Used in Sexual Assault:

1. Alcohol – The most commonly utilized substance for facilitating sexual assault is alcohol. It alters judgement regarding risky behavior and reduces one’s capacity to resist sexual or physical advances. Alcoholic blackouts are possible. It can have a major impact on one’s capacity to recall abuse situations. It can be taken alone or in conjunction with other medications.

2. GHB (Gamma Hydroxybutyric Acid) – GHB is a medication used to treat narcolepsy (a chronic sleep disorder that causes overwhelming daytime drowsiness). Bodybuilders will occasionally use it to stimulate muscle growth. GHB has the ability to immobilize assault victims quickly. A victim may experience a sudden loss of muscular control and fall to the ground, conscious but unable to resist an attacker. It leaves the body within 10-12 hours

3. Ketamine – is an another predatory drug used by sexual assault perpetrators. It is a short acting anesthetic for use in humans and animals. It generally causes people to feel disconnected from their bodies and their surroundings. A victim may be aware of what is happening but unable to move or fight back during an assault. Ketamine may also cause amnesia, which means victim does not remember the events that occurred.

4. Benzo – diazepines – ‘Rohypnol’ or ‘Flunitrazepam’ – are used in medicine to treat anxiety, insomnia, seizures, and other medical and psychiatric issues. Any of the more than 20 benzodiazepines on the market could be used for DFSA. Rohypnol is also used to physically and psychologically incapacitate a person who is targeted for sexual assault. The drug is usually placed in an unsuspecting victim’s alcoholic drink to incapacitate them and prevent resistance to sexual assault. The victim is completely unaware of what has happened to them as a result of the drug.

• How These Drugs Work:

When placed in a drink, these drugs are typically odorless, colorless, and tasteless. GBL is an exception because it has a bitter taste that can be mask by any strong-tasting drinks. Within 30 minutes of ingestion, the individual may have difficulty speaking or moving and may pass out. At this point, the individual is vulnerable to attack. The victim may have little or no recollection of the events due to the effects of the drug, and many victims do not report the crime.

Not everyone is affected in the same way. It is difficult to predict the precise effects of any drug on a specific individual. The effects vary depending on the drug, the dose consumed, and whether the drug is mixed with alcohol or other drugs. Weight, gender, metabolism, and other factors, such as how quickly medical assistance is received, all influence how a specific drug will affect someone.

• Purported Aphrodisiacs:

Although many drugs, such as ethanol and marijuana, can lower inhibitions and influence receptivity to sexual advances, only a few specifically arouse or increase sexual desire. Stimulants can boost confidence, focus, and, most importantly, endurance. Some products marketed as having ‘aphrodisiac’ properties contain ingredients that can cause severe toxicity or even death. Cantharides and toad venom are two particularly toxic components of some illegally marketed aphrodisiac products.

Cantharides (Spanish fly) is a corrosive poison that burns the mouth and throat and is capable of causing genitourinary infections, urethral scarring, and even death. It has traditionally been used as an aphrodisiac. It is a highly toxic chemical that has caused a number of deaths in people who were given it for its alleged aphrodisiac properties. Toad venom has been found in some illegally sold topical herbal aphrodisiac products.

It may contain cardio toxic components that can result in fatal arrhythmias. Some herbal dietary supplements marketed as sexual enhancers have been discovered to contain sildenafil or illegal analogs.

• Investigative Considerations:

The most common specimens obtained following DFSA incidents are blood and urine. The window for detection of drugs in these specimens is narrow and there is typically some delay in reporting incidents following exposures. Segmental hair analysis may be an appropriate method for documenting exposure in some cases. Hair analysis can provide information on single or multiple drug exposures, as well as time frames for exposures in relation to an alleged DFSA incident.

Drug detection in DFSA cases is time-consuming and requires sensitive analytical methodology applied by experienced analysts. The screening scope must be broad and sensitive enough to detect low levels of substances in samples collected days after exposure. Sexual assault victims must provide an accurate and complete history of their personal drug history. Analytical testing-identified substances that reflect undisclosed personal drug use can seriously jeopardize an investigation and potentially invalidate a victim’s accusations and formal testimony.

• Related Laws in India:

Drug-assisted sexual assaults are common in our country, with the majority of them involving alcohol. Alcohol is the most commonly used date rape drug because it is both legally and socially acceptable. In some cases, perpetrators take advantage of an individual’s heavy drinking, while in others, the perpetrator actively participates in ensuring an individual’s drunkenness by purchasing drinks, encouraging her/him to drink, and pouring drinks with more alcohol than usual.

Although India does not have specific laws that address date rape, the Fifth Clause of IPC 375 includes cases of date rape in the legal definition of rape. ‘With her consent, when, at the time of giving such a consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent’.

According to judicial interpretations, obtaining consent through intoxication also constitutes rape. Article 336 of the Indian Penal Code, anyone who forces another into extramarital intercourse or attempts an indecent act with physical force or the threat of serious and immediate danger is punished with confinement. According to Article 13 of the Penal Code, anyone who induces unconsciousness in another person through the use of sedative or narcotic substances, or other similar means, is considered to have used physical force in the commission of a sexual assault following the victim’s incapacitation through the use of alcohol and/or drugs. IPC 338 addresses grievous bodily harm caused by acts endangering the life or personal safety of others. According to penal code article 338, the crime is then classified as sexual abuse rather than rape.

Author:

Kanak Varshney

SAGE University, Bhopal