Is it Legal to Drug Someone?
Drugging someone can be prosecuted as a crime in the state of Georgia. Typically, victims are drugged with a hypnotic drug, benzodiazepine sedative, or date rape drug (e.g., a Rohypnol or roofie) by individuals who want to take advantage of that person either to have sex with them, kidnap them, or for any other illegal reason.
If the prosecution proves that the defendant drugged someone (e.g., by spiking their drink with a roofie) to commit a felony against that person – to commit a sex crime or any other felony – the defendant is likely to face severe punishment and decades in prison.
If you were accused of drugging another person in Georgia, contact an Atlanta drug crimes attorney at Ghanayem & Rayasam, LLC, to prepare a defense strategy.
Is Drugging Someone a Crime in Georgia?
In some jurisdictions, giving someone a drug without their consent is considered “infliction of bodily harm.” People face charges for drugging another person when they committed a felony or had the intent to commit a crime.
Typically, drugging someone is associated with date rape, which is a serious crime in Georgia. Georgia’s criminal law places date rape on an equal footing with a typical rape offense. Under O.C.G.A. §16-6-1, a conviction for both types of rape carries harsh punishments.
The punishment for drugging someone and then committing a date rape offense in Georgia can be severe:
- Imprisonment for life without parole; or
- Prison sentence of at least 25 years.
- In addition, defendants convicted of date rape in Georgia are facing other repercussions, such as a requirement to register as a sex offender.
What if You Did Not Commit a Felony After Drugging Someone?
In Georgia, a potential defense to the crime of drugging another person for the purpose of committing a felony could be to show that the defendant had no intent to commit a date rape or any other felony.
If the prosecution has insufficient evidence that the defendant committed any crime at all after drugging the victim, the case will likely be dismissed. Other potential defenses to the crime of drugging someone in Georgia include but are not limited to:
- The defendant was not the person who drugged the victim
- The victim was not actually drugged
- The victim provided consent (if sexual intercourse occurred after the alleged drugging)
- The accuser has ulterior motives for alleging date rape and/or drugging
- The alleged victim voluntarily consumed alcohol or drugs to the point where he/she became too intoxicated or unable to resist the sexual intercourse
Unless the alleged victim gets tested for drugs in their system right away, it is extremely difficult to prove the presence of date rape drugs in a person’s system. In some cases, the person is merely assuming from the circumstances that he or she may have been drugged.
Schedule a consultation with Atlanta drug crimes attorneys at Ghanayem & Rayasam, LLC, to discover the most applicable defense if you are being accused of drugging someone. Call at (404) 561-0202 talk right now.