California

What Are The Consequences of Drugging Someone for Sexual Intercourse?

June 16, 2022 by Mikel Rastegar in California  Criminal Defense  
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Drugging Someone for Sexual Intercourse

One of the key factors that come up in most sexual offense cases is whether consent was given or not.

For any sexual activity committed both parties must be able to clearly state their consent to the sexual activity. However, for consent to be legal in California, the person must be able to employ reasonable judgment.

As such, people who are heavily incapacitated by a drug, any other psychoactive substance, or even alcohol are not able to give legal consent. Hence, having sex with a person who is intoxicated with drugs, alcohol, or any other substance that can affect judgment can be regarded as a sexual offense.

When a person specifically drugs another for sexual intercourse, this action is regarded as a very serious offense under California law. California Penal Code 222 makes the act of drugging a victim to commit a felony a criminal offense. This includes a felony sexual offense.

The legal definition of PC 222 states:

Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony.

Therefore to prove that a defendant is guilty of drugging another individual for sexual intercourse, the prosecutor must prove without a reasonable that:

  • The defendant dosed another with a controlled substance or any other type of intoxicating substance
  • They did so with the intent of having sexual intercourse with the unconscious victim

Therefore if an individual were to go into a bar and then place a roofie in another person’s drink and had sex with the victim while they were unconscious. This individual can be charged and convicted for rape, which is a felony offense, as well as drugging a victim to commit a felony under California Penal Code Section 222 PC.

The Penalties Of Drugging Someone For Sexual Intercourse

Using drugs to incapacitate an individual and enable you to have non-consensual sexual intercourse with them is a very serious offense that comes with some very harsh penalties. Remember, if convicted under California Penal Code Section 222 PC for drugging someone for sexual intercourse is an enhancement to your initial felony charge. This means that you will be facing the penalties under PC 222 in addition to the felony offense committed after the victim was drugged, which in this case is unwanted sexual intercourse.

Thus, for a conviction of rape under PC 222, the penalties include:

  • Incarceration of up to 16 months, 2 or 3 years in a State Prison. The defendant will also be required to spend 50% of the sentencing issued in custody.
  • Plus, drugging another individual for sexual intercourse is a sexually motivated crime. If convicted the defendant will also be required to register as a sex offender.

Are There Any Defenses For Drugging A Person for Sexual Intercourse Charges?

The most common way to defend yourself against being accused of drugging a person is to prove that you were not the one who drugged the victim.

In a lot of these cases, it is not uncommon for the supposed victim to become so voluntarily intoxicated with either alcohol or another substance that they go into a black-out state and cannot remember what happened, ending up regretting their choices when they regain their sense.

In such a situation, due to their impaired memory, the victim may accuse the defendant of drugging them even if they have little to no evidence to back this information up.

Thus, if the defendant can figure out a way to prove that the victim, in this case, was not drugged. They can then prove that the defendant was making a false accusation and got self-intoxicated from their actions rather than the defendant.

Contact A Lawyer

If you are accused of drugging someone for sexual intercourse under PC 222, you are going to need to contact a lawyer fast. Remember, if convicted you will likely receive two sentences, one under PC 222 and another for the felony committed after the drugging.

Moreover, since drugging someone for sexual intercourse is a sex-motivated crime, the defendant will have to register as a sex offender, which can have very damaging effects on their life.

However, an experienced lawyer like one from our firm can help you prepare the defense you need to get these charges dropped, reduced, or dismissed.

Need an Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

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