Drug Facilitated Sexual Assault

1. Drug Facilitated Sexual Assault Presenter Lyndel Williams

2. The Danger of Predatory Drugs • Offenders use of “anesthesia-type” drug • Whether give stealthily or not • Renders the victim physically incapacitated and thus incapable resisting sexual advances • May be conscious during all or part of the assault • May have amnesia even when conscious • May appear to “participate” during the assault

3. What is Drug Facilitated Sexual Assault • Victim is to high or drunk to consent for one of three reasons: • Surreptitious administration by assailant • Mixing of prescription or over the counter drugs will alcohol or recreational drugs • Recreational use by the victim • Remember because the victim consented to drink or use drugs does not mean they consented to sex

4. The Drugs of Sexual Assault • Alcohol • Flunitrazepam (Rohypnol) • GHB or its analog GBL • Other Benzodiazephines • Antihistamines • Animal Tranquilizers • Sleep aids

5. DFSA Issues • Significantly delayed disclosure or not reported • Inadequate toxicology • Must have access to a lab capable of testing sensitive drugs like GHB and Rohypnol: Threshold should be .02 ng/ml Most machines 20 ng/ml Some machines set at 200 ng/ml • Change in standards of evidence (blood to urine) • Identification and use of expert witness

6. DFSA and Toxicology • Law enforcement must ask the victim about voluntary drug use, recreation, prescription and over the counter. We need to know: • Victims level of experience with drugs and alcohol • Date and time of last dose • How much alcohol over what period of time • Types of alcohol • How many time did the victim void prior to the exam • What was different this time?

7. DFSA and Toxicology • GI/GU • Nausea • Vomiting (can be tested) • Diarrhea • Incontinence (urine and feces)

8. High Blood Alcohol Level • A high blood alcohol level and the victim’s insistence that she doesn’t drink and no recall of doing so, should TRIGGER further tests • Once given drugs may unknowingly drink shots handed to her • Person booked for DUI may report rape once they “come out of it” • Don’t assume they are making it up to get out of the DUI! • Never refuse a rape kit!

9. The Stimulant Scenario • Stimulants such as cocaine or methamphetamine can be administered to the victim to: • Confuse the police • Damage the victims credibility • How administered? • Smoked or oral, vaginal or anus by engaging in sex acts called “booting”

10. Interviewing the DFSA Victim • Don’t lead the victim – “and did you feel like”; oh, maybe somebody put something your drink” • The victim may be looking to fill the gaps in her memory, and may adopt these memories as her own • Be careful what you say to other officers, witnesses and hospital personnel

11. Interviewing the DFSA Victim • Patterns of sexual relations and recent consensual acts • Personal history of alcohol/drugs • Normal drinking levels • What she knows she ingested • Anything missing? • Money • Jewelry • Clothes • Pictures

12. Investigating DFSA • Search warrants • Act promptly • Officers should know what they are looking for • Drugs • Precursors • Packaging • Photographs/video (additional victims) • Computer records • Downloading GHB recipe's • Pornography sites • Documents and packaging • “Bond Tech” could be a GHB kit ordered over the internet • Catalogs and receipts from Aldrich or Sigma Chemicals supplies (manufacturing operation?)

13. Investigating DFSA • Sexual acts beyond the victims experience • Lack of contraception or protection from STD • Suspect’s prior criminal history • Interview suspects friends • Prior known victims, even those past the statue of limitations • Grapevine assistance

14. Alcohol Rape vs. Drunk Sex

15. Drunk Sex vs. Rape • Look for lack of consent • Did the perpetrator select the victim because she would be an easy target • Overcome the tendency to overlook the elements in favor of blaming the victim • Look for planning or manipulation on the part of the perpetrator • Did he deceive the victim (you are too drunk to drive) • Focus on the perpetrators attempts to control the situation

16. Victim’s Credibility Perception at the time of the assault • Degree of intoxication • Were her motor skills impaired? • Was she able to perceive what was happening around her? • Who gave her the drinks? • Was it the defendant? • Did the defendant encourage her to drink?

17. Victim’s Credibility Memory after the incident • What does she remember about the event? • Did she black out or pass out? • Where did she go that night? • Can anything refresh her memory? • Physical or medical evidence • Statements from other witnesses • Photographs or video tapes

18. Victim Credibility Corroboration • Victim may delay in reporting • Evidence lost • Credibility issues? • Witnesses • Does she remember if anyone else was present? • Who did she tell first? • Who saw her first after the assault • Witnesses to ingestion • What did they see or hear? • Interview bartenders and waiters • How much did victim have to drink • Did she appear to be drunk

19. Victim Credibility Victim Likeability • Victim becomes the focus of the investigation • May not want to cooperate with investigation • Prior bad acts • Does not present as a sympathetic victim

20. Evidence Collection • Must find corroborating physical or medical evidence • Are there surveillance tapes? • Videotapes? • Tape recordings? • Photographs? • Injuries? • Evidence of victim’s presence: • Blood • Hair • Vomit • Clothing

21. The Perpetrator • Always attempt an interview • Did he know she was drunk? • How much did she drink? • What signs of intoxication did she exhibit? • Who purchased the alcohol? • Who provided the alcohol? • Why does the perpetrator think the encounter was consensual?

22. The Perpetrator • Defendants state of intoxication: Either he was wasted (and therefore shouldn’t be able to remember clearly what happened) or he was sober enough to have the ability to perceive and remember (and therefore, sober enough to know better)

23. Gamma Hydroxy Butyrate • AKA: GHB, G, Jib, Scoop, Liquid X, Easy Lay Grievous Bodily Harm, Gamma 10, Salty Water and GHB Buddy

24. GHB Information • GHB is a behavioral CNS depressant that was originally used by body builders • Still heavily used by body builders and their associates • GHB is available in Europe as an anesthetic • Drug of choice for Raves, dance clubs and any one mandatory drug testing • It has been reported that some “meth” operations may run a batch of GHB between meth runs

25. Unique to GHB • Extremely dose sensitive and very unpredictable especially with alcohol • Vomiting (can be tested) • Rapid high intoxication • May loose control of bodily functions • Sexually oriented behavior • Seizure type movement • Very loud chain-saw like snoring • Sudden resolution of symptoms

26. Unique to GHB • Respiration very depressed (six per minute) • Pulse – probably slow, but maybe fast • Comatose (deep, unarousable sleep) • No gag reflex • 3 – 5 hours of effects • No antidote

27. Field Testing • NO field test kit that accurately identifies GHB (most test for Hydroxy element, thus will not identify analogs) • Have a bottle of real water to do a side-by-side comparison • BUT:

28. Field Testing This is what GHB/GBL does to a Styrofoam cup!

29. GHB Street Form • Most frequently seen as a liquid • Highly concentrated street-form come in small plastic bottles (Visine or nasal spray) • Colorless, odorless, tasteless or salty • Dosage is usually a capful or two depending on potency

30. What To Expect! GHB in it’s pure form is clear and thicker than water; it bubbles when shaken. But it can be dyed any color, watered down and not all of it’s analog cousins bubble.

31. Typical GHB Containers Typical bottles for hiding GHB – film canisters, hair spray, liquid candy, food coloring, and vanilla bottles. Gatorade and hand-pump lotion bottles

32. Recognizing Containers ANY container that will hold a liquid. Don’t overlook anything in the kitchen, bathroom or garage. Examine all sports and nutritional supplement containers. GHB addicts have even hidden GHB in engine compartments.

33. The Not-So-Obvious

34. Efforts to Avoid Detection GHB and it’s analogs are notprotected by the Dietary Supplement and Health Education Act of 1994

35. How Much Does It Cost? • Party caps: $5.00 to $15.00 • 16 ounce bottle of water: $30.00 or more -contains approximately 90 caps • 32 ouch bottle of water: $80.00 to $120.00 • They can be from 5 to 70 percent or possibly even straight GHB

36. Common Indicators ThatGHB Has Arrived • Increase in the number of rapes • Sudden increase in calls to one location -disturbance calls -vomit in bathrooms and halls -unarousable “drunks” inside and outside the location • Increased number of drunk driving stops with surprisingly low blood alcohol levels

37. GHB Terms • “carpeting out” or “throwing down” or “scooping out” refers to suddenly collapsing in a heap • “head snap” refers to similar involuntary forward snap of the head when the GHB takes affect

38. Analogs of GHB • An analog is a chemical cousin with substantially similar chemical structure, or the same or similar side effects • Blue Nitro, Renewtrient, Revivarant, Remforce, Firewater, etc. • Gamma butyl lactone (GBL) • It is illegal federally & most states • This is an unapproved, misbranded drug • It is the precursor to GHB but also an “analog” • It converts in the body rapidly to GHB

39. More GHB Analogs Serenity, FX, Enliven, Biosul, One4B, Fantasy, Sucol B (made up name), etc.

40. The Latest Analogs Midnight Blue, 4 Sleep Tranquili G, Sublimiss, etc. Sodium 4- hydroxyvalerate (GHV) aka 4-methyl GHB aka Valeric acid

41. Analogs • Things to look for: • Does not contain GHB • “legal (or herbal) GHB” • Cleaning products or fingernail polish remover that say “no aftertaste” or “in case of accidental ingestion, mint flavoring has been added” • Other warnings include: before remover arrives be sure to buy a bottle of fingernail polish to justify having this product

42. How are Victims Drugged? • Sweet or cinnamon flavored liquors like Goldschlager • Strong drinks like Long Island Ice Tea or Hot Damn • Any odd concoction that can mask the flavor • Some may freeze GHB into ice cubes

43. Clandestine Synthesis of GHB • One step reaction • Required chemicals easy to obtain • No special reaction conditions or chemical knowledge required • Synthesis has been widely described on the internet • www.erowid.org

44. Chemicals Used • Sodium or Potassium hydroxide • Ethanol (ethyl alcohol) • Acid (Hydrochloric or Sulfuric) • pH buffer solutions • Gamma-Butylactone (a solvent used for degreasing engines/cement or stripping floors)

45. GHB Addiction • Addiction is not measured by quantity consumed but by frequency • Most stumble into addiction accidentally • Missing a dose by more than a few hours sends the addict into significant withdrawal symptoms • Will dose every one to three hours with slightly higher dose at night for sleep or • Around the clock sipping from a bottle of diluted product • Effects will vary based on tiny variations in dose, food intake or lack of food or other unknown reasons

46. Addiction Withdrawal • Withdrawal is characterized by: • Profuse sweating • Anxiety attacks • Soaring blood pressure (stroke levels) • Hallucinations • May not recognize family and friends

47. GHB Detoxification Protocol • Exact withdrawal treatment has not been clearly defined • Treatment will involve use of benzodiazepines and antipsychotic medications, or Phenobarbital • Attempts to self-detoxify, without medical assistance have been fatal and most are unable to tolerate the symptoms of withdrawal

48. Who Are The G-Aholics? • Bodybuilders/athletes • Business professionals (sleep aids) • Elderly (anti-aging compound) • People with depression • People subject to random drug testing

49. What is Rohypnol? • Brand name for flunitrazepam manufactured by Hoffman-LaRoche • Used as a pre-anesthetic • Causes anterograde amnesia • Class of drugs called benzodiazepines • A chronic user may ingest up to three or more 2mg. tablets without losing consciousness

50. What are Benzodiazepines? • Are in the family of depressants • Can produce sedation and deep sleep • Acts as a hypnotic in high doses • Are sedatives (insomnia) in low doses • Are among the most widely prescribed drugs, accounting for 30% of all controlled substances