The use of alcohol or drugs in a sexual assault never excuses the actions of a rapist, nor do they implicate the survivor. Survivors of drug or alcohol facilitated sexual assault may not remember much of the assault and may question whether the assault happened at all.
Survivors who are under the legal drinking age will NOT be charged. As a victim of a violent crime, you are protected under California law. Only the crime itself will be investigated.
Alcohol is the most frequently used substance in drug facilitated sexual assaults. Other common substances used in drug facilitated sexual assaults include; GHB, ketamine, Rohypnol, MDMA (Ecstasy), and prescription medication. The majority of these substances are colorless, odorless and tasteless.
Reporting to Law Enforcement: Many drug facilitated assaults are not reported because survivors feel a sense of embarrassment, guilt or perceived responsibility because they lack specific recall of the assault.
Sexual assault is never the survivor's fault, even if they were drinking or using drugs. Regardless of whether or not the survivor was engaged in illegal activity, the law enforcement officer will only investigate the crime being reported. (Penal Code 13823.11) Legal definition of sexual assualt here.
Signs you may have been sexually assaulted while under the influence:
- Feeling more intoxicated than usual or disproportionately intoxicated in relation to the amount of alcohol consumed.
- Remembering taking a drink but not being able to remember anything for a period of time afterwards.
- Having an impression or feeling of having sex but not being able to remember.
If you believe you were sexually assaulted while under the influence of drugs or alcohol please call WEAVE's 24-Hour Support Line, 916.920.2952, immediately.