Subject: Discussion List for campus-based and allied personnel working to end gender-based violence on campus.
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- Subject: is drugging someone a crime? from Alice Vachss
- Date: Thu, 2 Feb 2006 13:38:39 EST
- List-archive: <https://list.mail.Virginia.EDU/mailman/private/sapc>
- List-id: "Discussion List for sexual assault educators and counselors on campus." <sapc.list.mail.Virginia.EDU>
Ross,
There was one thing in what you said that I think you really need to
challenge with your local prosecutor -- the statement that "in Illinois,
drugging someone - by itself - is not a crime."
I'm not admitted to practice law in Illinois -- and maybe you have
unique laws, or some really odd case that I don't know about -- but in just
about
every state as far as I know drugging someone violates crimes like drug
trafficking ("sale" of illegal drugs generally only requires the transfer of
an
illegal drug from one person to another) or (in the case of legal drugs)
practicing medicine without a license and/or dispensing prescriptions
without a
license. Also in most states inducing unconsciousness is an assault or a
battery
(and the attempt to induce it is an attempted assault or attempted battery.)
Some confusion has come in because in recent years some states, like
Oregon, have passed legislation attempting to specifically target
drug-facilitated rape drugs. These new laws have real implementation
problems because they
often require proof of intent that is hard to come by. But none of the new
laws have repealed the older, broader ones.
The reason the distinction is so important is that I think that in
general we've overlooked a huge resource. I would love to see a SART connect
up
with the "war on drug" part of law enforcement. Generally the drug
enforcement
folks have better (or at least older) forms of funding, resources and
organization. The local drug team should know or be able to pull reports,
for
example, on burglaries at veterinary offices -- and then correlate them up
with
your students reporting ketamine symptoms.
None of this is meant to minimize the importance of other campus-based
efforts against drug facilitated rape. I just don't want to see law
enforcement let off the hook because they have lead you to believe that
drugging
someone is not a crime.
- is drugging someone a crime? from Alice Vachss, C987C6543, 02/02/2006
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