Sometimes, sex is a crime. The legal question is when sex crosses a line between something occurring between two consenting adults into territory that makes it against the law.
In Minnesota, the law says that a person entering into a sexual relationship with another must have the mental capacity to understand what they are doing. A person cannot be coerced or forced into sex or it becomes a crime. They also cannot have drugs administered to them that diminish their capacity to properly consent. In fact, just having date rape drugs in your possession is a crime here.
What happens if you get caught with drugs used in date rape scenarios, such as Ketamine or GHB? Read on to find out.
GHB
GHB, short for gamma-hydroxybutyrate, is a drug that acts as a depressant on the central nervous system. It’s used in date rape crimes because it’s odorless and clear, which makes it easy to sneak into someone’s drink or food without their knowledge.
It can also be found in powder form, and at low doses is known to have a relaxing effect on the user, reducing inhibitions and making them feel sexual.
Rohypnol
Rohypnol, or flunitrazepam, is another central nervous system depressant. You may have heard it referred to as roofies, and it’s a substance that is 10 times more potent than Valium.
It comes in a tablet form that is often crushed and stirred into drinks. The effects can last up to 12 hours. During that time the victim may not remember what happened to them due to the drug. Having any amount of Rohypnol is a crime in Minnesota.
Ketamine
This drug, sometimes referred to as Special K, is often used at clubs and other parties. It comes in both liquid and powder form. Like the other drugs on this list, it’s tasteless and odorless.
It’s an anesthetic and sedative for animals and humans alike, and has been on the scene since the 1970s. The federal government places it on Schedule III under the Controlled Substances Act, which means it has limited medical use but a high probability of abuse.
If given to an unsuspecting victim, it will cause them to relax and stay calm, but they can also become immobile and have no memory of what happened when they were on the drug.
What If You’re Caught Possessing These Substances?
If you get caught by the police with any of the aforementioned date rape drugs in your possession – whether you’ve used them or not – it’s a crime. It often gets prosecuted as a fourth-degree drug offense, which can result in up to 15 years behind bars and fines of as much as $100,000.
If you were to administer these drugs to another person, then that is an entirely different illegal act under the law that can get you charged with a Minnesota sex crime.
Working with a lawyer if you get charged with possession of any of these drugs in any amount is a must. They can ensure that you understand the charges against you and what rights you legally have in the situation. They can also help you to formulate the best defense possible based on the circumstances of your case.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and has been named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, Super Lawyers, The National Trial Lawyers, and more.
