Experts & Views
Sara went to a bar to party with few of her friends. When she went to rest room one of her friends. Jacob carefully poured a colorless, odorless and tasteless powder in her drink. Coming back she consumed the drugged drink without knowing its consequences. Next morning she found herself in the bed of the accused. Under the effect of the drug she knew about nothing that had happened the previous night. The accused possessed some photographs of the previous night, which he used to threaten and blackmail the victim. The victim was victimized for months and due to the fear and guilt she remained silent and confided in nobody. Ultimately she committed suicide to get rid of this miserable condition. This story may become a reality in life of any woman. Date rape is something we feel would never happen to us but it is a dangerous mistake to believe so.
It is unfortunate that many victims of date rape or acquaintance rape commit suicide. Recently a 15 year old girl committed suicide when she was gang raped by her boy friend and his friends. Bijal Joshi rape case which formed the headlines in 2004 was no exception. The lower court has recently awarded the five accused (Sajal Jain, Sugam Jaiswal, Ashok Jaiswal, Chandan Jaiswal and Karan Jain with life imprisonment. Bijal Joshi (24 years) was allegedly raped by her boy friend Sajal Jain and his four friends on the New Year’s Eve in a room at Hotel Ashok Palace, Ahemdabad. When the police took no notice of her complaints, she committed suicide leaving a suicide letter which mentioned the names of all the accused.
It is estimated that around 70,000 college students in the United States are victims of drug rapes or sexual assault every year. Mostly drugs like Rohynol, Ketamine and GHB are administered to commit such crimes. They are also known as predator’s drugs or club drugs. Their effects are generally permanent and a woman may not be able to conceive ever if administered such drugs.
Rohynol:
1. Its effect starts within 10 minutes of ingestion which can continue up to eight hours.
2. It may cause difficulty in walking, nausea, confusion, dizziness, muscle relaxation, slurred speech and impaired judgement.
3. However it is banned in U.S., it is legal in almost 60 countries including U.K. and Mexico as it is used as a medicine for insomnia.
Ketamine:
1. It is administered through injections in veterinary practice .
2. Causes hallucinations, numbness, aggressive behaviour, vomiting and dream-like effects.
3. It is available in both liquid and powder form.
GHB:
1. It is available in powder or liquid form and is easily slipped into a drink.
2. It causes unconsciousness, dizziness, drowsiness,sweating, nausea and respiratory problems.
3. Although the drug is odorless and colorless, it is quite salty.
How to protect yourself?
- Don’t accept or share drinks.
- Never leave your drink unattended, even if you are going to the washroom.
- If you find something suspicious in your drink pour it out immediately.
- Have a non-drinking friend with you at a party.
- Don’t hesitate to take help, if you feel you have been drugged.
- Choose taking drinks from a closed container and not from a pitcher.
What must be done by a date-rape victim?
1. If you believe that you are a victim of date rape take medical help. A urine test within 72 hours of the administration of the drug would reveal the presence of drug in your system.
2. Inform the police. To avoid any sort of harassment by police, consult and take help of a N.G.O .
3. Don’t hold yourself responsible for the tragedy. Counseling would definitely help you to get over your guilt.
4. Suicide is no option. It is not the victim but the perpetrator who deserves punishment.
Indian Penal Code
Although we don’t have any specific laws related to Date Rape or acquaintance rape, the section 375 of Indian Penal Code, clearly states that sexual intercourse without the consent of victim is considered to be rape. It further states that, if consent for sexual intercourse is obtained by intoxication; then also rape would be deemed to have occurred. The minimum punishment for rape as prescribed under Section 376 is seven years. Hence a victim may take the benefit of the above section.
Criticism
It is unfortunate that some people believe that rape was justified if a woman asks the male out. Some of the perpetrators claim that they had right to have sex with their victims. Both the arguments are highly flawed; a man does not own his date. It is not obligatory on a woman to have sex with her partner. A relationship does not necessarily mean sexual relationship.
To prevent date rape a woman must be vigilant and careful. “Betrayal occurs only where there is presence of trust.” Both young males and females must be taught about sexuality in educational institutions. The risk factors and legal consequences related to rape must be discussed with students. It is the moral responsibility of every individual to inform police, if he or she feels that a woman is administered a club drug.
* the post has been published on author's blog www.legaldrift.com
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It happened to me last year in a party at a Gurgaon farm house where the guy had no fault , neither did he administer any drug in my drink. But, I was not in a position to understand what is going on and next morning I have found myself lying in the bed beside him. He took my advantage I believe. In normal circumstances I would have never slept with him . Please advise. Does this come under the purview of rape u/s 375 ?
Since you had consensual intercourse with the guy, the same would not amount to rape.
Regards
Legal Drift
Does consensual sex remain 'consensual' if one of the two involved is intoxicated? Doesn't intoxication lead to the consent being legally invalid, because it is not made by a sound mind?
Would be interesting to hear from the author about this. Perhaps you could research on this a little and answer the question asked by Ms Pinky.
I think intercourse with an intoxicated person should amount to rape. The fact that this may be difficult to prove / argue is, of course, an altogether different thing.
These kind of cases are not so easy that we can say it wont come under the purview of rape or can cum under the purview of rape. Many things are important and then on the basis of it facts can be made.
I dont think without talking to pinky its possible that what exactly happened. But on my experience, it can be taken in a court for rape . Facts will hold a key.
I would say in cases like this two things are very important:-
1. Facts as rightly mentioned by somebody
2. Level of intoxication
The Section 375 of IPC is open to interpretation the clause clearly says about" intoxication" or administration by the accused.
Intoxication point, kindly elaborate. what you had? how can you be sure there were nothing in it? its better to talk and find or she shall elaborate here.
but i will say we can frame but loads of investigation would be required here
My only point is that he took my advantage (may be I also supported him unknowingly) of this situation. Being my friend he should have stopped. Will his taking advantage amount to the element of mens rea? Although he prepared the drink before me, so I was aware about the quantum of my drink.
I am emotionally hurt because I didnt want to lose my virginity like this. I was proud to be a virgin. I hold him morally responsible because he was not intoxicated (just high). I will only take an action when I am totally sure that his act amounts to crime and not just being immoral.
If you were intoxicated on our own volition, and you are hurt as "he should have stopped but did not", it will not work. Lets say a girl goes to a club and gets high and thereafter gets comfortable (unknowingly) with a guy and that guy, who is not even drunk, has sex with her .... it wouldn't amount to rape (Unless the girl is unconscious and he takes advantage of that).
Also, on the facts mentioned, I don't think any court would be inclined to spoil a guy's life for "not stopping though he could have" because he is not legally obliged to stop if a girl is sorta drunk and may not know whether she wants to indulge in sexual intercourse.
You'll have to decide what you want. He isn't getting convicted for rape on the facts you have mentioned. I would suggest that you talk to a lawyer and tell him / her everything and then consider the options available. At least, you could harass the guy and make him attend a trial. But you will have to think if that is the right thing to do. After all, if you don't remember everything, and you acted comfortable and then went on to have sex, you cannot blame someone else for not stopping. A guy will not stop just because he can unless you insist. But of course, you can harass him a bit.
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