Date Rape

Date rape refers to non-domestic forced sex, assault or attempted assault usually committed between two people who already know each other.  In date rape, there is sexual intercourse without mutual consent even if the accused and the victim know each other.  Date rape is also called a drug-facilitated sexual assault or acquaintance rape or hidden rape.

Commonly followed definition of date rape is that it is the sexual intercourse which is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate injury.  The term date rape does not mean that an accused is dating the victim.  It can happen between spouses, girlfriends or boyfriends and people who just met.  Therefore date rape can occur with co-workers, schoolmates, friends, and other acquaintances.

Elements that constitute date rape include:

  • non-consensual sexual intercourse committed by person who knows victim;
  • use of physical force or psychological coercion on a victim.

 

According to the national statistics, date rape is the most common type of rape that is committed by strangers.  In the majority of date rape cases, the victim is a women.

When drugs or substances that are physical or mind altering are used in a date rape, such date rape is called a drug-facilitated date rape.  The drug that is used to assist in the commission of a date rape are known as date rape drugs.  Generally these drugs which have sedative, hypnotic, dissociative, or amnesiac effects will be added to a food or drink without the victim’s knowledge.  Date rape drugs can be used on both men and women.

According to 21 USCS § 841(g)(2)(A), the term date rape drug means:

  • gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4-butanediol;
  • ketamine;
  • flunitrazepam; or
  • any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of title 5, United States Code [5 USCS § 553], to be used in committing rape or sexual assault.

Inside Date Rape