Date rape is a troubling problem that has increased in frequency in recent years in Illinois and around the country. It refers to the use of drugs to facilitate the crimes of sexual assault or rape. According to statistics, at least 1 in 6 women and 1 in 33 men in the U.S. have been the victim of rape or attempted rape in their lifetimes.
Someone who has been drugged without their knowledge cannot give their consent to sexual activity under any circumstances. Regardless of the relationship between the two people, date rape is a serious crime.
If you are a survivor of date rape in Illinois, learn your legal rights by speaking to a knowledgeable and compassionate Illinois sexual assault attorney who will believe you. Contact the Mahoney Law Firm for a free and confidential consultation.
What Is Date Rape?
In many cases of date rape crimes, a drug is slipped into the beverage of a targeted victim. Once the target unknowingly ingests the spiked drink and is under the effects of the drug, the perpetrator can commit various crimes against the helpless or incapacitated individual.
Drugs with sedative or hallucinogenic properties are often used to debilitate the victim. Drugs with amnestic effects are also common, so the victim doesn’t remember the sexual assault or who committed the act.
Date rape, as the name applies, can occur between friends or two people meeting for a romantic date. It can also be between people who are already in an intimate relationship. Some cases involve strangers and may happen at bars, parties, or clubs.
Is Date Rape a Felony in Illinois?
Yes, date rape is classified as a felony sex crime in Illinois. While “date rape” is not specifically listed as its own crime, it falls under the state’s definition of criminal sexual assault according to 720 ILCS (Illinois Compiled Statutes) § 5/11-1.20. This law states, in part:
- (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
- (2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.
A date rape offense could be escalated to aggravated criminal sexual assault under 720 ILCS 5/11-1.30 if there are aggravating circumstances such as the use of a weapon, bodily harm caused to the victim or if the victim is a minor. A conviction for date rape in Illinois can lead to a prison sentence of 4 to 15 years (or 6 to 30 years if aggravated).
Frequently Used Date Rape Drugs in Illinois
Date rape crimes can be carried out using various drugs and illicit substances based on the perpetrator’s goals and what is available. However, three specific types of date rape drugs are more common than others in Illinois. They are:
- Rohypnol (“roofies”): Known as the “original date rape drug.” A trade name for flunitrazepam, which is a central nervous system depressant. This drug can induce sedation, muscle relaxation, and have anti-anxiety effects. It can also cause amnesia (no memory of events while on the drug).
- GHB (gamma-hydroxybutyric acid): A name for the generic drug sodium oxybate. It is an FDA-approved prescription medication used to treat symptoms associated with narcolepsy. It is misused as a date rape drug due to its ability to increase passivity and libido and cause amnesia.
- Ketamine: A dissociative anesthetic drug with some hallucinogenic effects. It can make the user feel detached from sensations of pain and their environment. It can lead to a state of sedation or relaxation, immobility, and amnesia.
Alcohol and marijuana can also be used as intoxicants to commit a sexual assault crime. Date rape drugs are often colorless, odorless, and tasteless so as to not be detected by the intended victim. Signs of date rape drugs can include exaggerated intoxication symptoms, loss of motor coordination or control, muscle weakness, slurred speech, confusion, memory loss, and loss of consciousness.
Where Is Date Rape Most Common?
Drug-assisted sexual assault and rape can occur anywhere in Illinois, but date rape is often associated with college campuses. This type of sexual violence can occur at parties in dorm rooms and fraternity or sorority houses. Any place with the presence of alcohol or drugs is also more likely to be the setting of attempted date rape crimes.
What to Do If You Are a Victim of Date Rape in Illinois
As a victim of date rape, it is critical to know what steps to take to protect your health, safety, well-being and legal rights. The most important thing to know is that you are not alone. You do not have to suffer in silence. Help is available.
Tell Someone
It can be extremely difficult to talk about being sexually assaulted, especially if the perpetrator is someone you know and previously trusted. However, it is critical not to keep a date rape crime to yourself. Telling someone can bring the perpetrator to justice, potentially protecting others from similar crimes.
Telling your story can also provide you with an important sense of justice, power, and closure, which can help your mental well-being. Start by telling someone that you trust, such as a friend or family member, or talk to a therapist about the trauma you have endured. Then, if you feel comfortable, speak to the police or a sexual assault attorney in Illinois.
Get Medical Care
It is important to get prompt medical care as a victim of date rape. Seeing a professional medical provider can prove whether you have been sexually assaulted. A sexual assault forensic exam can gather information and evidence of assault, which may include DNA from the perpetrator. It is best to undergo this exam as soon as possible, before you change or clean up, but at least within seven days of the incident.
Call the Police
In any type of emergency, don’t hesitate to contact the police to report the sex crime and get help. You should also consider informing the police if you suspect you have been raped or sexually assaulted while under the influence of drugs or alcohol, even if it’s not an emergency. The police can conduct an investigation and may bring criminal charges against the perpetrator.
Contact a Sexual Assault Lawyer in Illinois for Legal Counsel
When you are ready to seek justice against your perpetrator, consult with the experienced Illinois sexual assault attorneys at Mahoney Law Firm. We have been strong and trusted advocates for sexual assault survivors in Illinois for more than 18 years.
Our award-winning litigator, Ryan Mahoney, has helped numerous clients hold abusers accountable and recover life-changing financial compensation in the process. Call our team of sexual assault lawyers at (618) 717-4115 or fill out our contact form to schedule a free, no-pressure case evaluation.
