Contact us Print this page Large Text Normal Text Small Text

Alcohol, Drugs and Safety

Drugs and/or alcohol are involved in a lot of sexual assaults. Sometimes the victim is intoxicated, sometimes the perpetrator, sometimes both people. Much like accidents and other crimes such as robberies, sexual assault is one of the risks attached to intoxication.

The law acknowledges that because a person is intoxicated, it is not their fault if someone sexually assaults them. In fact recent changes in the law in NSW accept that an intoxicated person is less capable of giving informed consent for sexual intercourse to occur. The law also makes it clear that when a person is intoxicated it does not give them an excuse to harm another person, including sexually assaulting them.

The intentional use of a drug or alcohol as a weapon to make a person vulnerable to a sexual assault (sometimes called drink spiking) is dealt with separately in DRUGGED AND ASSAULTED.

Some points to remember when using alcohol or drugs include:

DRUGGED AND ASSAULTED

Information for people who have been Drugged and Sexually Assaulted.

A printed copy of this information is available for sale to services and free of charge to individuals. Please telephone us on (02) 9515 9040.

Drug facilitated sexual assault

Since the late 90s there have been increasing numbers of people coming to sexual assault services reporting that they have been drugged and then sexually assaulted. Many have no clear memory of the period when they were assaulted.

This pamphlet is for people who believe that they have been drugged and sexually assaulted. It aims to reassure survivors and to provide information about the drugs that might be used and their effects, strategies for recovery, and where to get help.

Note. For the purpose of this pamphlet “drug” includes both illegal and legal drugs including alcohol.

Typical stories of drug facilitated sexual assault

Maria had attended a party with some friends. Towards the end of the evening she got tired of dancing and sat and talked to Thomas, the friend of a workmate. He offered to get her a drink and she accepted. She’d already had about four drinks and planned that this would be her last for the evening. She doesn’t remember much after that drink until early the next morning when she woke up naked in bed with Thomas. She began to feel frightened because she could not remember leaving the party with him. She asked him where she was and what had happened. He told her that she was at his flat. She asked him if they had had sex and he just said “What do you think?” Maria became even more frightened, got dressed and left. She did not go to work for a couple of days but stayed at home in shock. She finally told her flatmate Sue what had happened. It wasn’t until Sue asked her if she had been drugged, that it all started to make sense for Maria. She then contacted the Police who took her to a sexual assault service.

Anne went home with Gerry to share a bong. She had smoked marijuana before but not with him. While smoking she became very confused, did not know where she was and had some very scary hallucinations. The next thing she remembered was Gerry sexually assaulting her. She left and spent the next few days feeling terrified and confused. She missed four days of work. She suspected that Gerry had put something else in the bong without telling her so that she could not stop him having sex with her.

John was at a party. He accepted a drink from a guy he didn’t know and later found himself in a motel room with the guy and two other men. He had no memory of how he got there. The men were naked and John realized that one or more of them had assaulted him. He left the motel immediately. He felt like he had a hangover for the following day and was very upset because he always practised safe sex and didn’t know whether any of the men had used a condom.

Cathy was a traveller and accepted an invitation to have coffee and cake with a guy she had just met. The cake tasted a bit strange but she didn’t think much about it. Soon after she felt unwell and the man took her to her hotel where she lay down. The stranger then had sex with her. She found she had no strength to stop him. She felt like a rag doll and was very frightened and was not able to move for some time after he left. She felt very embarrassed and even though she could not move, blamed herself for “letting him have sex with her”.

Sara and Karen had been in a relationship for over a year. Sara had become worried about being bullied by Karen and they were having a trial separation. Karen invited Sara over for a drink but insisted that Sara drink much more than usual and she passed out. She woke up to find Karen having sex with her. Sara was angry, upset and confused. She contacted the Domestic Violence Help Line (who also provide support for people in same sex relationships) and they suggested she go to a sexual assault service.

The names in these stories have been changed, but the details are typical of those stories told by people who come to sexual assault services after they have been drugged and assaulted.

Sexual assault is a crime

Sexual assault is a crime of violence where one person meets their need for power and control by committing sexual acts that humiliate, overpower and harm the victim. Rape or sexual assault is intercourse without consent. This includes penetration of vagina or anus by a penis, finger or object; placing a penis in the person’s mouth; or placing the mouth on a woman’s genitals. Sexual assault also includes sexualized touching which is defined as an indecent assault.

Who are the victims of this crime?

There is nothing that makes a particular person an obvious target to a sexual predator looking for a victim, even though many of those targeted are young people, including backpackers and travellers. Both women and men have been targeted. Most have been drinking alcohol prior to the assault though other drinks and food have also been spiked. Unfortunately this crime is not rare.

What drugs are used?

Information from Australia and overseas, points to various drugs being used in sexual assaults.

The role of alcohol
In our community, alcohol is the most commonly used drug. It is frequently used in drink spiking and sexual assault. Encouraging someone to drink more or increasing the alcohol content of their drinks without them knowing, are both ways in which alcohol has been used as a weapon in a sexual assault.

Other drugs which have been reported include:

Often victims have been given a combination or “cocktail” of alcohol with one of these drugs.

What are the effects of the drugs?

The effect of a drug/alcohol on a person can differ depending on a number of factors including the size of the person, the amount or combination of the drug/alcohol used, their previous exposure to a drug, and whether they are taking any other drugs (including medication). When a person has been drugged without knowing they can appear quite vague or as if they were drunk. The drugs can interfere with their decision-making, and they can behave “out of character” agreeing to do things that they would normally avoid or consider unsafe. For example they may leave a bar with someone they don’t know or engage in unsafe sexual behaviour with a perfect stranger, even though they would not normally behave like this. They are then likely to be embarrassed and confused and say things like; “That was not like me, I am not that sort of person.”

Some of the drugs used will mean that the person has a “patchy” memory of what actually happened. They may be quite clear that someone has had sex with them but be unsure of the details.

Someone who has been given one of the hallucinogens, such as LSD or ecstasy may appear confused, scared and not know what is going on. This is more likely if the person has had no previous experience with the drug.

Depending on the drug, the effects may last for hours or days. Some will result in hangover-like feelings. Apart from being sexually assaulted, many people are also robbed while they are in this vulnerable state.

It is extremely dangerous to give someone a drug without their knowledge. You do not know if they have health problems, are on medication, or have consumed other drugs.

If a sufficiently large dose of a drug has been used or is combined with a moderate amount of alcohol, the person can become unconsciousness or seriously ill. There have even been instances where a person has been drugged at a venue, wandered away by themselves and another person has found them and sexually assaulted them.

A person who has been drugged without their knowledge is also a danger to themselves and others, especially if they drive.

What can I do if I think I have been drugged and then sexually assaulted?

Safety First
The first thing to do if you feel that you have been drugged and sexually assaulted is to get yourself to a safe place, preferably with safe people. Remember that you may still be under the effect of the drug for some time after the assault so don’t drive, operate machinery or do anything that could put you or anyone else in danger. Your physical health and wellbeing are your first priority. If you have any injuries go to your local doctor or the nearest emergency department.

Ask For Help
If you know or think you have been drugged and assaulted, you do not have to cope with this on your own. Sexual assault services are specialist services that provide free confidential support for those who have been sexually assaulted. Even if you have no clear memory of the event, you can still talk to a trained counsellor about what happened and the way it is affecting you. You do not have to report the assault to Police to be able to use sexual assault services.
See: Where can I get help?

Physical Health
It is a good idea for anyone who has been sexually assaulted to get a check up for sexually transmitted infections and to practice safe sex until they get the “all clear”. Women also need to consider the possibility that they could be pregnant. Discuss this with your local doctor or a sexual health clinic. A sexual assault counsellor can assist by referring you to your local sexual health service.

How might the assault affect me?

It is completely normal to experience physical and emotional reactions to trauma, however they can be quite scary for many people. These reactions can include:

It is important to remember that these signs will usually pass with time, however if these reactions are not lessening then it is advisable to seek help. See the section on Steps to Recovery.

Can I take Police action?

Sexual assault is a serious criminal offence. So is giving someone alcohol/drugs without their knowledge.

If you decide to go ahead and make a statement to Police it is possible that they will lay charges against the person who drugged and sexually assaulted you. However it may be hard for Police to investigate crimes when the victim is unsure what happened or who the perpetrator was. This can be frustrating and often upsetting for victims of these crimes. The Police can offer advice about this and even if no charges are laid, making a report to the Police can help you feel better and could assist them in future investigations of similar assaults. Remember that in these matters, Police will not proceed with investigations or laying charges without your consent.

The forensic medical examination
If you contact the Police they may suggest that you have a forensic medical examination. This is not a test to see if you have been raped but rather a medical examination aimed at gathering evidence for use in a possible court case. In New South Wales a doctor at a hospital carries out this examination. You can ask Police to take you there or you can refer yourself by going to the nearest Emergency Department. During this examination the doctor looks for evidence of an assault, including injuries such as bruising and collects body fluids that could identify your assailant.

The doctor can also take a sample of your urine and blood to screen it for drugs. This can sometimes (but not always) confirm that a drug was used. If a drug does not show up this does not prove that you were not drugged or that an offence was not committed against you. The small amounts of drug can often be very hard to detect or it may have left your body already. For this reason it is advisable to have the forensic examination as soon as possible after you have been assaulted.

However, you need to be aware that any drug you have taken recently, including illegal drugs can also show up. If you have used other drugs, remember that this information is then in the hands of the Police and could also be used later in court in an attempt to discredit you as a witness. Discuss this with the sexual assault counsellor at the hospital. You can of course have the forensic examination without a drug screen. You can also decide to go to a sexual assault service and request a forensic examination before you speak to Police.

Remember it is your choice to have a forensic examination as well as to provide a urine or blood sample for drug screening.

If you are under 16, the Police or sexual assault counsellor are obliged to notify the DoCS (Department of Community Services) that you have been sexually assaulted. NSW Health employees are required to notify DoCs if a person aged 16 to 18 remains at risk after being sexually assaulted.

Steps to recovery

Aspects of self care that can help you cope.

Don’t Blame Yourself
Many people who have been drugged and sexually assaulted feel that somehow they were responsible for the assault. They look for reasons to blame themselves saying things like; “It was my fault because I accepted the drink” or “I must have looked like an easy target” or even “I can’t believe that I was so stupid to leave with him”. The reality is that potential rapists who drug their victims are experts at appearing friendly and non-threatening. They know how to make people feel safe and not see that they are in any danger. People can also blame themselves for not behaving in the way they do normally. Don’t forget that while you are under the influence of a drug you are “not yourself” and your behaviour is affected.

Continuing to blame yourself can slow down your recovery!

Don’t fill in the memory gaps
Because of the effects of the drug/alcohol you may never remember much about the assault. It is perfectly natural for you to want to remember what happened but try to avoid filling in the gaps by imagining the worst things that might have happened. Filling in the gaps can significantly add to your stress and even create additional trauma for you.

Other ways to care for yourself and speed up your recovery include:

Victim’s compensation

In New South Wales, all victims of a crime, including sexual assault, can apply for Victim’s Compensation, even when an assailant has not been identified. However, to be eligible for Victim’s Compensation you do need to report the offence to the Police and assist them with their investigation.

An application for Victim’s Compensation is an entirely separate legal process from any criminal proceedings to do with the assault. You need to speak to a solicitor or the Victims of Crime Bureau and you must apply for the compensation within two years of the assault.

Where can I get help?

NSW Health Sexual Assault Services are situated in the major hospitals. These services are confidential and are staffed by trained counsellors who specialize in the area of sexual assault.

NSW Rape Crisis Line (24 hours, 7 days a week) on 1800 242 017.

Drug and alcohol counsellor at your local hospital or community health centre.

Your local doctor.

Your local Police. Even if you are not going to take legal action, information about the crime can be useful to Police investigating similar offences.

Legal advice (in Sydney) through:
Legal Aid Commission of NSW on (02) 9219 5000.
Office of the Director of Public Prosecutions (DPP) on (02) 9285 8606.
Women’s Legal Resource Centre on (02) 9637 4597.
Your local Community Legal Centre (see the White Pages).

Domestic Violence Helpline on 1800 656 463.

Your local Sexual Health Service.

Victims Compensation. Contact a solicitor or the Victims of Crime Bureau on (02) 8688 5400 or 1800 633 063.
 

Disclaimer | Privacy | Copyright © 2010 SSWAHS | Last Updated: 30 April, 2009
NSW Government | jobs.nsw