The Interest of a Systematic Toxicological Analysis Combined with Forensic Advice to Improve the Judicial Investigation and Final Judgment in Drug Facilitated Sexual Assault Cases.

Sarah M R Wille,Nele Samyn,Maria Del Mar Ramiréz-Fernandéz,Vincent Di Fazio,Vanessa Vanvooren,Karolien Van Dijck,Antje Van Assche

doi:10.3390/ph14050432

Abstract

The conviction rate in drug facilitated sexual assault (DFSA) cases is known to be very low. In addition, the potential impact of toxicological results on the case is often not well understood by the judicial authorities. The aims of this study were (1) to obtain more knowledge concerning the prevalence of incapacitating substances in DFSA cases, (2) to create a more efficient DFSA analysis strategy taking background information into account, and (3) to evaluate the potential impact of systematic toxicological analysis (STA) on the final judicial outcome. This small-scale epidemiological study (n = 79) demonstrates that ‘commonly-used’ illicit drugs, psychoactive medicines and ethanol are more prevalent in DFSA cases in contrast to the highly mediatized date rape drugs. Additionally, via case examples, the interest of performing STA—to prove incapacitation of the victim—in judicial procedures with mutual-consent discussions has been demonstrated as it led to increased convictions. However, more attention has to be paid to ensure a short sampling delay and to get more accurate information from the medical treatment of the alleged victim. This will improve the interpretation of the toxicological analysis and thus its applicability in a DFSA case. The future is multi-disciplinary and will certainly lead to an efficient and more cost-effective DFSA approach in which STA can impact the final judgment.

Highlights

Drug facilitated crimes (DFCs) are defined by the United Nations Office on Drugs andCrime (UNODC) as criminal acts carried out by means of administering a substance to a person with the intention of impairing their behavior, perceptions, or decision-making capacity or by taking advantage of an impaired person after voluntary intake of an incapacitating substance [1]
Governmental statistics show a general underreporting of DFCs as several factors complicate the recording of the actual number of cases [2]
The detected drug classes and their prevalence in blood and urine are shown in Figure 1; there is an indication with regards to the different categories of the systematic toxicological analysis (STA) request: proposed by the forensic advisor, as a result of a direct demand by the magistrate or because the case was included in our code 37 study

Summary

Introduction

Drug facilitated crimes (DFCs) are defined by the United Nations Office on Drugs andCrime (UNODC) as criminal acts carried out by means of administering a substance to a person with the intention of impairing their behavior, perceptions, or decision-making capacity or by taking advantage of an impaired person after voluntary intake of an incapacitating substance [1]. Drug facilitated crimes (DFCs) are defined by the United Nations Office on Drugs and. DFCs include robbery, money extortion, and maltreatment of the elderly, children, or mentally ill patients. Rape or other types of sexual assault are referred to as a subclass of DFC: drug-facilitated sexual assault (DFSA). Governmental statistics show a general underreporting of DFCs as several factors complicate the recording of the actual number of cases (underreporting due to, e.g., shame, fear of being judged or memory loss of the victim, long delay between the collection of biological evidence and the alleged assault) [2]. In the US, a study performed in 2009 suggests that 18% of all women have been raped during their lifetimes, whereas only one in every six of those cases were reported to law enforcement entities [3]. The true prevalence of rape and DFSA

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Conclusion