Possession of certain drugs with intent to commit sexual assault is now a felony.
2017 brought many new changes to California, particularly when it came to the decriminalization of drugs. But in one respect, California law actually got more strict: possession of so-called date rape drugs.
Date rape drugs is the term given to a certain class of drugs or narcotics that often have valid medical uses, but are also given to unsuspecting potential victims to render them unconscious or unable to protect themselves. The attacker is then able to sexually assault the victim. The most common types of date rape drugs include narcotics such as Rophypnol (often called “roofies”), GHB and Ketamine.
Under the new law, prosecutors can seek felony charges against individuals who are caught in possession of these common types of date rape drugs and who have also demonstrated an intent to commit a sexual assault. This law is significant because the possession of otherwise legal amounts of these drugs could become a felony charge if the prosecutor determines that a person had an intent to commit a sexual assault.
A sexual assault or rape charge has potentially life-changing consequences. Under a 2017 change in California law, in sexual assault cases where the alleged victim was asleep, unconscious or too intoxicated to give consent to sexual activity, probation cannot be given as a sentence if a person is convicted. Instead, a person convicted of sexual assault in California will most likely be sentenced to state prison. In addition, a conviction will require a lifetime registration as a sex offender.
A skilled California criminal defense attorney can work with you to help defend you against charges related to the possession of so-called date rape drugs. For example, there are many potential legal uses for drugs such as GHB. It can be legally prescribed for patients who suffer from narcolepsy, for example, and can be possessed legally as a prescription drug. If you do not have a valid legal prescription, possession of GHB is a criminal offense — but a misdemeanor offense rather than a felony offense. An experienced California criminal defense attorney can defend you from charges that you had the intent to use GHB, roofies, Ketamine or any other alleged date rape drug to commit sexual assault, and instead simply possessed it for personal use. While you may still face misdemeanor charges, this will be far less serious than being charged with a felony crime for possessing a drug with the intent to commit sexual assault.
The crime of sexual assault is serious, and using drugs to commit a sexual assault is equally grave. However, the seriousness of these crimes should not be used to justify trumped up charges against people who may otherwise use drugs such as GHB or ketamine for recreational purposes.
At the Chambers Law Firm, we are skilled at defending clients against unjust charges, which includes offenses related to sexual assault and drug crimes. We offer free initial consultations, where we will explain the charges against you and your options for resolving the case. We will thoroughly investigate your case and will put together a top-notch defense to the charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation and learn how we can help you.
