Date Rape

Drugs Used in Sexual Assault
By Texas Commission on Law Enforcement Officers Standards and Education

Introduction
Most cases of sexual assault and family violence (approximately 70%) occur when the perpetrator is under the influence of alcohol or drugs. For the perpetrator, being under the influence of a chemical substance may remove physical and psychological inhibitors which normally keep people from acting out violently. Steroid use may also contribute to the high number of athletes who commit sexual assault because hormones can chemically increase aggression, producing what is sometimes called "'roid rage."

It is a little-known fact that many of the women who fought for temperance laws a century ago (sometimes portrayed as if they all were demented ideologues wielding hatchets) did so in an effort to stop domestic violence and other violence against women. They recognized the clear correlation between substance abuse and violence. Their solution may not have proven effective, but after eighty years we have not come any closer to solving the problem. Being under the influence of alcohol and/or drugs is not, however, an excuse for perpetrating sexual violence.

Many sexual assault perpetrators also give alcohol or drugs to their victims. Some fraternities and other groups even promote the use of alcohol or drugs in order to "work a yes out" of an unwilling woman. Getting victims drunk or drugged in order to "take advantage of them" is not a game; it is rape, it has devastating consequences for the victim, and it is against the law.

The Texas Attorney General's Office reports that from October 1, 1996 to September 31, 1997, rape crisis centers in Texas received reports of 1,658 sexual assault cases where drugs and/or alcohol were involved. The Texas Association Against Sexual Assault (TAASA) cautions, however, that cases of drug-induced rape are severely underreported.

Although this chapter focuses mainly on the new "date-rape drugs," it is important to remember that alcohol remains the drug most often used to incapacitate victims in order to commit sexual assault. The drug used second most often is marijuana. These potent drugs are generally omitted from discussion here only because officers are already so familiar with their effects--not because they are any less dangerous or any less effective in rendering victims powerless to resist sexual assault.

What Are Rape Drugs?
The newest and most frightening form of drug-induced rape involves the use of "date-rape drugs," or simply rape drugs. These substances cause victims to pass out so that they do not resist and later will not recall a sexual assault (or who did it). Texas was one of the first states where rape drugs appeared, in the early 1990s, and the drugs are more widespread here than in perhaps any other state in the country (the others at the top of the list are Florida and New York). Both men and women have been victims of rape drugs in Texas.

The two drugs most prevalent in Texas and elsewhere are Rohypnol (the brand name for flunitrazepam) and GHB (gamma hydroxybutyrate). In addition, there are a wide variety of other drugs which are chemically similar and mimic the effects of these two. These drugs appeared first in night clubs as "recreational" drugs, but soon began to be used intentionally to incapacitate victims for the purpose of sexual assault. They are usually odorless and tasteless tablets that can easily be slipped into a victim's drink at a club or a party. Usually the perpetrator charmingly offers to get the victim a drink; within half an hour of drinking the beverage, the victim begins to feel the effects, which initially are similar to those of alcohol. The victim first becomes pleasantly sedated or "high," but soon begins to feel unusually drowsy and confused. With Rohypnol, the victim may even experience partial paralysis of the limbs. The perpetrator can at this point easily escort the victim to a car or other private location (and onlookers will assume the victim was simply drunk and left voluntarily with the offender). Within about an hour, the victim is partially or completely unconscious. It is at this point that the sexual assault takes place; it may involve one or many assailants. If the victim is overdosed, however, some rape drugs may result in coma or even death.

In most cases, upon waking, the victim remembers nothing of what has happened, but has the physical symptoms of having had sexual intercourse. A few victims rouse intermittently during the assault and have partial memories. In either case, victims are extremely confused; they may assume they simply drank too much and had a "blackout." Feeling responsible and even guilty, rape drug victims are even less likely than other rape victims to report what has happened. If they do report it, they are highly embarrassed that they can remember so little. Moreover, the effects of the drugs may continue for several days, making it impossible for the victim to think clearly. By the time victims come to their senses and report the crime (if they do), all evidence of the drug may have been expelled from their bodies, making the crime extremely difficult to prosecute.

Rape drug offenders are usually young adult males who prey on victims at bars, clubs, or parties. However, Rohypnol and related drugs are fast becoming the latest drugs of choice among teenagers all over Texas--in both public and private schools, and in affluent suburbia as well as in urban gangs. These drugs turn up in both straight and gay bars. In some cases the drug is added to punch or other drinks at a gang or fraternity party, without the knowledge of victims. In other cases, teenage girls (or boys) willingly take these drugs at a party to get high, not realizing they may become victims--often of multiple offenders.

Victims of rape involving drugs or alcohol often experience even more psychological trauma than other rape survivors do. They are extremely likely to blame themselves. They may never regain their memory of the event, or may retrieve only a few pieces. This amnesia makes recovery more difficult, because part of the process usually involves reliving the event and the accompanying emotions, with support from a counselor or trusted friends. Survivors may fill in the gaps with imagined scenarios which may be even worse than what actually occurred. Not knowing who committed the crime, they may feel that they do not know who to trust, and they may fear even their closest friends. These problems exacerbate the extreme loss of control and loss of safety felt by all rape victims, and jeopardize the network of support these victims desperately need.

A person under the influence of a rape drug is unable to give knowing consent to sex. In 1996, public outcry over use of rape drugs led to passage of the federal Drug-Induced Rape Prevention and Punishment Act, which made it a felony to give a controlled substance to anyone with intent to commit a sexual assault or other crime of violence. Persons convicted of drug-induced rape may be sentenced to up to twenty years in prison, and simple possession of Rohypnol may earn an offender up to three years. The new statute offers law enforcement additional tools for prosecution and sentencing; however, gathering evidence and identifying suspects remain extremely difficult.

The sections that follow examine the characteristics of the specific rape drugs that have been identified so far. However, rape drugs are proliferating rapidly; as soon as investigators identify and target the sources for one drug, another appears on the street. Officers investigating drug-induced rapes should make every effort to stay informed on the newest developments.

Rape Drugs in Use

Rohypnol
Rohypnol is the brand name for flunitrazepam, which belongs to the class of drugs called benzodiazepines. Manufactured by the Hoffmann-LaRoche company, Rohypnol is prescribed by physicians in more than 64 countries for people with severe and debilitating sleep disorders; it is also used as a muscle relaxant, as a surgical anesthetic, and to prevent seizures. It dissolves quickly in alcohol and other beverages; it is odorless and tasteless. It is not legal at all in the United States, but is produced and sold legally by prescription in Mexico, Latin America, and Europe. Although it has been illegal to bring Rohypnol across the border (even with a prescription) since 1996, it is smuggled in by mail, express mail, or airplane or carried in by individuals, and usually enters the country through Texas or Florida.

Rohypnol sold illegally is inexpensive, costing only a dollar or two per tablet. Its nicknames include "roofies," "rophies," "R-2s," "la rocha," "mexican valium," "ropynol," "rope," "rib," "roach," "Roche" (ro-shay), "roofenol," "ruffies," and "roches." In South Texas, to be under the influence of Rohypnol is "to get roached."

It dissolves rapidly in drinks and is odorless. It is usually ingested orally, often in conjunction with alcohol, marijuana, or even heroin, to "enhance" the effects of those drugs. It is also used as a "parachute" drug to ease the sharply depressive after-effects of cocaine or speed. There are reports that it has also been ground up and snorted. It is popular among young people because they mistakenly believe that it is unadulterated and therefore "safe" (because it is the manufacturer's product that is available on the street) and that it cannot be detected by urine tests.

For several years, Rohypnol has been distributed as white, dime-size pills that were scored on one side and had "ROCHE" and a circled "1" or "2" on the other. These pills have often been sold on the street in their original "bubble" packaging. They are completely undetectable when added to a drink. In response to complaints about use of Rohypnol as a rape drug, the manufacturer has received permission from the government of Mexico to begin producing an oval, gray-green pill that will turn blue in any drink in which it is dissolved. However, the white tablets may continue to be available on the street for some time, since dealers may have stockpiled them. Also, the blue dye may be difficult to detect in dark beverages such as cola drinks.

The effects of Rohypnol or flunitrazepam are similar to those of diazepam (Valium) or alprazolam (Zanax), but it is nearly ten times as potent. It is also physically addictive. Especially when combined with alcohol or another drug, it produces a rapid and dramatic "high." Within about 20 minutes, users appear extremely intoxicated, with slurred speech and complete lack of motor control. It can cause memory impairment, drowsiness, visual disturbances, dizziness, confusion, impaired judgment, disinhibition, extremely low blood pressure, headache, and tremors. After about an hour, victims may become unable to move, speak, or remember. Effects may last a couple of days. When taken by itself, even in large doses, Rohypnol is unlikely to cause death. But when taken in combination with alcohol and other drugs (as it usually is), it can be lethal due to its depressive effect on the central nervous system. Overdose may be treated with flumazenil (Romazicon).

In Texas, Rohypnol is now classified as a Schedule 4 drug, in Penalty Group 1. The Texas Epidemiology Work Group (TEWG), which includes both law enforcement and treatment agencies, reported in May 1998 that Rohypnol is being used in Houston, Lubbock, and El Paso. In 1997, fourteen youths were admitted to brand-new Rohypnol treatment programs in Texas; their average age was 15. Enforcement of new federal laws and crackdowns on smuggling of Rohypnol, however, have led to the substitution of other benzodiazepines, especially clonazepam (called Rivotril in Mexico and Klonopin in the U.S.), which can be brought into the U.S. legally with a prescription. In fact, the 71% decrease from 1996 to 1997 in the number of Rohypnol tablets identified in Texas crime labs was almost exactly offset by the 69% increase in Rivotril during the same period. Other drugs being substituted as rape drugs, many of which can be brought in legally with a prescription from Mexico, include methylphenidate (Ritalin), diazepam (Valium), fenfluramine, phentermine, phendimetrazine, triazolam (Halcion), Tylox, and bromazepam (Lexotan--not approved for use in the U.S.). Other benzodiazepines frequently abused in Texas (although their use specifically as a rape drug has not been documented) include alprazolam (Zanax) and midazolam (Versed).

If Rohypnol is suspected, a urine sample should be taken as soon as possible, preferably within 24 to 36 hours of ingestion. Urine collected after 72 hours is unlikely to show any presence of Rohypnol. Blood tests are unreliable because Rohypnol disappears from the blood in about 24 hours.

There are nine Rohypnol metabolites which can be identified in urine. Currently, the best method of analyzing the samples appears to be the F.P.I.A. presumptive test, followed by electron captures gas chromatography. (The Emit system is not a reliable test because it will give a positive reading only at 300 nanograms, which is too low for Rohypnol metabolite identification.) A metabolite of flunitrazepam called 7-amino-flunitrazepam can be detected in the urine for 48 to 72 hours after taking the drug. The samples should also be tested for the presence of alcohol and other drugs so that a qualified toxicologist can testify regarding the synergistic effects of mixing alcohol or other drugs with Rohypnol. Instructions regarding laboratories qualified to conduct testing for Rohypnol are included in the procedural section at the end of this chapter.

Gamma Hydroxybutyrate (GHB)
Gamma hydroxybutyrate (GHB), sometimes known as "Fantasy," is a central nervous system depressant available by prescription in Europe and North Africa, where it is prescribed to treat some forms of narcolepsy. However, because of side effects such as seizures, it is legal in the U.S. only as an experimental drug to treat sleep disorder narcolepsy and to aid in withdrawal from alcohol or heroin. For many years, however, GHB was available over the counter in health food stores, where it was sold under names such as Sodium Oxybate, Gamma Hydroxybutyrate Sodium, 4-Hydroxyl Butyrate, and Gamma Hydrate. It was used by body-builders as a growth hormone and an aid in fat reduction.

Both the sale and the manufacture of GHB are currently banned in the U.S. other than in a research facility. (Orphan Medical has applied to the FDA for approval of GHB in powder form, under the name Xyrem, for treatment of narcolepsy.) In Texas, GHB is not currently a scheduled drug; however, it meets the criteria for being a dangerous drug as defined by section 483.001 of the Texas Health and Safety Code. It is therefore a Class A misdemeanor to possess the drug without a prescription and a felony to deliver, sell, or manufacture it.

Unfortunately, GHB is easily produced from two basic chemicals which can be legally purchased from a chemical supply company and manufactured by "kitchen" or "basement" chemists using a hot plate. Recipes for its synthesis, component chemicals, and even kits are being offered on the Internet. Bootleg GHB is consequently plentiful on the street. It comes either as a white powder or mixed with water; the highly concentrated liquid form is sold in small plastic bottles (about the size of hotel shampoo bottles). It is colorless, odorless, and has a slightly salty taste (easily masked by an alcoholic beverage). It is heavier than water, and like Rohypnol it dissolves quickly and completely. Also like Rohypnol, the drug is both potent and cheap (a dollar or so per dose). Street names include "Grievous Bodily Harm," "Easy Lay," "gook," "scoop," "saltwater" or "salty water," "liquid ecstasy," "Liquid E," "Liquid X," "Liquid G," "cherry meth," "soap" (because it contains industrial solvents), "GBH," "Gamma-O," "Gamma 10," "Gib," "Georgia Home Boy," "G-riffick," "Natural Sleep-500," "Somatomax," "Oxy-sleep," "Organic Quaalude," "Nature's Quaalude," and "Zonked."

The physical effects have been compared to those of MDMA (Ecstasy) because GHB enhances the sensation of touch, but unlike Ecstasy, it is not an amphetamine. Some also compare it to LSD (lysergic acid diethylamid) because it can cause delusions. Victims who have been dosed with GHB, especially when combined with alcohol, begin feeling quite intoxicated within five to fifteen minutes. Low doses lead to a feeling of euphoria, decreased inhibitions, and increased social activity, followed by drowsiness and sleep. Side effects may include nausea and vomiting. Higher doses (greater than 50 g) quickly result in severe intoxication followed by a deep, unresponsive sleep which usually progresses to some degree of coma. During this period, victims may experience apnea (temporarily ceasing to breathe) or may engage in combative behavior without becoming conscious. The coma and other symptoms typically last about three hours. Overdoses of GHB can cause short-term disruption in brain chemistry, delirium, tremors, seizures, decreased heart rate, gagging, respiratory failure requiring emergency intubation, and death.

Texas has led the nation in use of GHB as well as Rohypnol. In the Fort Worth area, GHB has been reported as recently as summer 1998 in the Arlington dance club scene. GHB has been implicated in many acute poisonings and even several deaths in Texas. In particular, in August 1996, a 17-year-old girl died in LaPorte, Texas, of cardiac arrest; she was later found to have a serum level of 27 mg/l of GHB in her blood, with no trace of any other drug (including alcohol). Many other cases have required hospitalization. GHB is not only more dangerous but also more difficult to detect than Rohypnol: it is undetectable in urine after only 12 hours (and leaves the blood even sooner). Although victims may not experience the extreme muscle paralysis and amnesia characteristic of Rohypnol, they may be dizzy, confused, and sluggish for days, and their memories will definitely be impaired.

Because the dosage, purity, and body chemistry of the user all vary, overdoses and poisoning are likely. There is no method available to determine the strength of homemade GHB, so a small dose may actually be highly concentrated. Batches can also be tainted; if mixed improperly, the product is plain lye, an ingredient in paint strippers. Some antibiotics also react with GHB. Treatment with an overdose drug such as naloxone hydrochloride (Narcan) or flumazenil (Romazicon) may have no effect. (In fact, response to flumazenil is a useful indicator of use of Rohypnol or another benzodiazepine rather than GHB.) Maintaining a urinary pH of 7.5 will hasten urinary excretion of GHB to minimize the potential dangers.

Officers suspecting GHB should obtain a urine sample in any clean container as soon as possible. (Instructions regarding laboratories qualified to conduct testing for GHB are included in the procedures at the end of this chapter.) Officers should also be familiar with the paraphernalia used in clandestine synthesis of GHB, such as general lab equipment, a pH meter or pH paper and buffer solutions, a mixing bowl, and a hot plate. Chemicals used include gamma butlyactone, ethanol (ethyl alcohol), sodium or potassium hydroxide, and either hydrochloric or sulfuric acid. Gamma butlyactone is a precursor for GHB which is not used to make any other controlled substance, so its presence is a strong indicator of GHB manufacture.

Because of GHB's easy availability and low cost, and because of the crackdown on Rohypnol, GHB probably has the greatest potential for abuse as a rape drug throughout the country. In 1996-97, some 110 cases of GHB poisoning were reported to Texas poison control centers, compared with only 64 cases of Rohypnol poisoning. Unfortunately, GHB is probably also the most dangerous of the rape drugs now known. Officers should report any use of GHB to induce rape both to the Texas Commission on Alcohol and Drug Abuse (1-800-832-9623) and to the Drug Enforcement Administration (202-307-7183).

Ketamine
Ketamine or Ketalar (its brand name) is a legitimately manufactured anesthetic used primarily by vets to immobilize cats or monkeys. Although also used in human surgery, it has largely been replaced by safer and more effective drugs. Because the synthesis of ketamine is complicated, it is the legitimate product that is generally available on the street, diverted from its legal purpose (sometimes by burglary of veterinary offices). It is known as "K," "Special K," or "Kit Kat." Ketamine hydrochloride powder looks similar to high-grade cocaine and can be snorted, mixed into drinks, or smoked. It is also sometimes mixed with marijuana and smoked. It may be sold in small plastic bags, folded paper, aluminum foil, or capsules. The liquid form can be injected, applied to smokable materials, or added to drinks. Available to veterinarians at about $7 per vial (about one gram), it may cost $100-$200 for the same quantity on the street. However, a "bump" (about 0.2 g) of either the powder or the liquid costs only about $20. Like the other rape drugs, it is common in night clubs and teen parties (especially "raves," which are experiencing a resurgence). Ketamine is currently legal with a prescription and is not formally classified as a controlled substance. Hence there are currently no penalties for simple possession, although the Drug Enforcement Agency and Congress are reevaluating its status.

Ketamine produces effects similar to those produced by phencyclidine (PCP) or LSD. The "high" may begin within 15 seconds and usually lasts an hour or less, but the drug can affect a victim's senses, judgment, and coordination for 18 to 24 hours. Moreover, the effect on an individual varies widely according to body size and the presence of alcohol or other drugs. A small dose produces effects similar to alcohol intoxication. A larger dose may result in "K-land," a "mellow, colorful wonder-world." A high dose (about 0.5 g) can produce a so-called "K-hole" or "out-of-body, near-death experience." It causes the person to dissociate, severing the connection between mind and body. The resulting stupor or unconsciousness makes victims vulnerable to rape.

Ketamine can cause nausea and vomiting, dizziness, headache, hypersalivation, dissociation, hallucination, delirium, euphoria, and psychosis. Upon emergence from ketamine intoxication, a victim may experience vivid, often unpleasant dreams, confusion, amnesia, and hallucinations, making it difficult for a victim to tell whether a sexual assault was real or imagined. Ketamine is a close relative of PCP, and can create similar violent effects on a person's thinking and behavior. Patients may also experience increased muscle tone, sometimes resembling seizures. Blood-pressure and heart rate may be increased and may cause a stroke or arrhythmia, although this is rare. An overdose of Ketamine can cause the heart to stop. At least one death has been reported due to the combination of Ketamine and heroin. Recovery may be aided when necessary by an intravenous benzodiazepine or similar agent. Regular users can develop psychological dependence.

Ketamine falls under the Drug-Induced Rape Prevention and Punishment Act of 1996. It is also illegal to dispense the drug for other than veterinary use (although it is not yet illegal to possess it). Law enforcement officers who stop drivers who appear to be driving while intoxicated have reported encountering ketamine abuse. Officers should be especially cautious if the car holds a passenger who could be a potential victim of drug-induced rape.

"Fry"
"Fry" is the nickname for cigarettes or cigars combining marijuana, embalming fluid, and often PCP. The user either rolls a marijuana cigarette or slices open a regular cigar or cigarillo, removes the tobacco, and inserts marijuana. The resulting "blunt" is soaked in embalming fluid, often laced with PCP. "Fry" was first identified in Houston in 1992, where its appearance was attributed to a crackdown on cocaine and crack. Less common nicknames include "amp," "water-water," "formaldehyde," "wet-wet," "wetdaddy," and "drank."

"Fry sticks" (cigarettes, also called "fry squares") are available on the street in Texas for about $10. "Fry sweets," treated Swisher Sweet cigarillos, cost $15-$20 and are very popular, although King Edwards, El Perfecto, or Philly blunts are also found. Ready-made blunts are becoming more prevalent, especially at "Sweet Houses." Other similar offerings include ready-made "Candy Blunts," which are cigarillos dipped in codeine cough syrup, and "sherms," which are menthol cigarettes (especially Newport or Kool brand) dipped in embalming fluid. The Texas Commission on Alcohol and Drug Abuse in the summer of 1998 reported finding these products in Houston, San Antonio, and Lubbock among teens of all racial and ethnic backgrounds. Embalming fluid is reportedly being obtained illegally from morgues and funeral homes by theft or employee payoffs; formaldehyde may also be obtained legally from chemical companies. PCP is added to the embalming fluid at some later point.

Smoking fry is reported to produce effects similar to those of hallucinogens, including brilliant, unique colors and distorted vision. However, it can also lead to numbing, blurred vision, and unconsciousness and has been described by some as more effective than Rohypnol as a rape drug. Some abusers have even spread the belief that the drug increases the sexual appetite of an unwilling date (untrue, and an obvious rationalization for rape). There have also been reports of group sex incited by fry (whether truly consensual is questionable) and of "trading" sex for fry sticks. Smoking fry is also frequently combined with drinking alcohol. Aftereffects include memory loss, vomiting, headaches, depression, and edema in the face or body. The "high" from fry usually lasts from 30 minutes to 2 hours, but has been reported in some cases to last several days (perhaps because of containing embalming fluid).

Undesirable effects include panic, paranoia, and rage. Some attribute its nickname to the way it "fries" the brain, and overdoses have in fact resulted in long-term effects on mental health (including symptoms similar to those of schizophrenia), sometimes requiring hospitalization. Repeated or large doses can cause embalming fluid to accumulate in the spine, causing deterioration and stopping the process of maturation. Long-term use can also cause brain damage similar to that caused by inhalant abuse. Embalming fluid is a compound of formaldehyde, methanol, ethyl alcohol or ethanol, and other solvents. When these are combined with PCP, it is not surprising that the resulting mixture can cause great euphoria or rage, psychedelic apparitions, sleepiness, and amnesia. Other dangerous effects include fever, pneumonia, heart attack, kidney damage, anorexia, destruction of muscle tissue, brain damage, convulsions, coma, and death.

Although obviously illegal, "fry" is common in Texas, as is the belief among teens that it is harmless. Interviews with youth in Houston indicate that they are unaware that the embalming fluid compound generally found on the street contains PCP. This new drug hybrid obviously has great potential for use to induce rape. Moreover, recent reports suggest that teens in the club scene have been experimenting with other blends of drugs, mixing substances "five-ways."

Burundanga (Scopolamine)
Burundanga, one of the newest and most obscure rape drugs on the scene, is a light yellow powder derived from the Datura aroberea shrub in Columbia (or other plants in the Datura or Brugmansia family), which was originally used in vodoun (voodoo). It is widely used in Columbia and is beginning to show up in North America. It is reportedly useful in alleviating motion-sickness, flatulence, and gastrointestinal disturbances. Its known chemical agent, scopolamine, is used by prescription as an antispasmodic because it interferes with acetylcholine, a chemical that allows nerves to fire. In large doses it is extremely toxic, severely lowering the activity of nerves in the autonomic nervous system (which controls involuntary activity, such as cardiac muscle movement).
Scopolamine can be used presurgically for the express purpose of impairing the patient's memory of surgical trauma because it prevents long-term memory formation.

Burundanga is tasteless and highly soluble. Like the other rape drugs, it can easily be concealed in beverages, food, or chewing gum, or it can be added to cigarettes. Reportedly the powder can even be blown in a victim's face. And like Rohypnol, burundanga causes "blackout" or loss of memory. A victim who ingests it will become disoriented and fall into a sedative-hypnotic state much like an awake trance. Burundanga can also cause delirium, hallucinations, blurred vision, rapid heartbeat, dilated pupils, excitability, cotton mouth, difficulty swallowing, reddening of the skin, urine retention, convulsions, and fever. One researcher described these effects with the adage "Hot as a hare, red as a beet, dry as a bone, blind as a bat, and mad as a wet hen" (Adcock, 1971, cited in Perry, 1997).

Because it operates on the central nervous system, victims may be entirely unaware of their condition. They may think they are dreaming when they are experiencing reality. Burundanga has reportedly been used as a sort of weapon in Colombia, for the purpose of robberies and kidnappings as well as for its reputed usefulness as a truth serum. Victims reportedly can be ordered to release secured information (hence its nicknames "CIA drug.") Victims can also be ordered to engage in acts such as making bank withdrawals or engaging in sexual acts without their consent or full knowledge--and without any subsequent memory of these acts. In high doses, Burundanga reportedly can be deadly.
Officials report that burundanga is starting to appear on the streets in the U.S. It has even been used as currency in some criminal markets. However, scopolamine has been difficult to manufacture, and government officials suspect it is being imported. For obvious reasons, burundanga has high potential for increased use by sexual predators. Burundanga has been reported so far mainly in the Northeast, where, mixed with heroin, it has caused several deaths. Nevertheless, the heavy use of other rape drugs in Texas (compared with other states) and the state's position as an entry point for drugs coming from Latin America suggest that it could turn up here. Because a person under the influence of burundanga cannot knowingly consent to sex, the drug falls under the Drug-Induced Rape Prevention and Punishment Act.

Investigative Suggestions
Sexual assault victims who have been drugged may be too disoriented and confused to know they have been drugged. It is essential for law enforcement and other personnel to be alert to signs that a victim may have been drugged without knowing it. Rape drugs should be suspected if victims

• cannot remember what happened.
• cannot remember how they got home.
• became excessively intoxicated or passed out after having only one drink.
• have no idea with whom they had sex.

1. First and foremost, make every attempt to obtain a urine sample from the victim. It does not have to be a clean catch, and any clean container may be used if necessary. Blood in the urine will not compromise test results. (If the patient can wait until the end of the examination and sexual assault evidence collection, this is optimal, but it may not be feasible.) The voided specimen should be at least 30 cc.
   
   The Texas Attorney General's office recommends that to avoid compromising the evidence, it should be an observed voiding. However, officers may have to assess the degree of trauma this would present to the already traumatized victim. Observation by a Sexual Assault Nurse Examiner (SANE) of the same gender as the victim is obviously preferable.
   
   Chain of custody procedures should, of course, be followed. The specimen should be refrigerated or frozen (although it can be stored at room temperature for up to 7 days without compromising results).
   
   
2. Also collect any glasses or other containers that may have contained the drug so that any trace amounts in the liquid or on the glass can be analyzed. Although the active ingredients of most rape drugs will completely dissolve in the liquid, there may be a granular residue.
   
   
3. Only certain laboratories can conduct the necessary testing for rape drugs, especially GHB. Officers should be sure to check with the lab first before sending a sample. Labs in Texas which can perform rape drug testing include the Harris County Medical Examiner in Houston, which tests both blood and urine (713-796-6830), and the Dallas County Medical Examiner, Southwest Institute of Forensic Services (SWIFS), which tests blood only (214-920-5961). The Houston Police Department lab (713-247-5900) or Accu-Chem Laboratories in Richardson (972-234-5412) may also be able to do the testing. The Toxicology section of the DPS lab in Austin (512-424-2105) or the Texas Association Against Sexual Assault (512-474-7190) may know of other labs which can test for GHB.
   
   The Texas Attorney General's office recommends that specimens be sent to ElSohly Laboratories of Oxford, Mississippi, a forensic toxicology laboratory certified by the National Institute on Drug Abuse (NIDA) and the Drug Enforcement Agency (DEA). The cost is underwritten by Hoffmann-LaRoche Pharmaceuticals (1-800-720-1076) as a public service. The sample will be tested for alcohol, amphetamines, barbiturates, benzodiazepines, cocaine, codeine, GHB, cannabinoids, morphine, opiates, phencyclidine, and propoxyphene. To send a sample to this lab, follow these steps:
   
   • Place each specimen in a sterile urine collection cup. Place a seal across the lid with   appropriate evidentiary labeling. Seal in a plastic bag and package in a carton to withstand   shipping. Then place in Federal Express diagnostic wrap.
   • Call 1-800-608-6540. Be prepared to answer brief questions to assist in tracking the case,
     such as the medical record number, the time elapsed since ingestion, and the address and
     name of representative of the agency submitting the specimen. (The results will be released
     only to this agency.) Also be prepared to give them a fax number.
   • A fax will be sent to you to verify information. This must be filled out, signed, and returned.
   • Another fax will be sent to you giving you an authorization number, a Federal express account   number to which the shipment will be billed, and the address of ElSohly Laboratories. Mark
     the package "Priority Overnight Delivery" and put the address of your law enforcement agency
     in the blank for "Sender."
   • Once you have sent the specimen (preferably refrigerated or frozen if any amount of time has   passed), the results will be sent to you within 10 days.
   
     Victims should be advised that the laboratory will test for alcohol and other drugs as well as   rape drugs.
   
   
4. Send memos to local law enforcement agencies detailing your particular set of facts, and inquire whether any similar fact patterns have been detected recently. You may find that there have been other similar complaints about the same defendant, but that no action has been taken because it was assumed that the victims were simply drunk or forgetful. You may also find similar fact patterns emerging from the same location, whether or not the offender is the same.
   


5. Interview as many friends, enemies, and acquaintances of the suspect as possible regarding the suspect's use of rape drugs or any suspicious changes in behavior. Often suspects have either secretly drugged women in the presence of others, or have bragged openly about other sexual conquests using rape drugs (including alcohol). Suspects may also be addicted to one of these drugs themselves.
   
   
6. Try to determine whether the victim has used any rape drug in the past. A person can build up a tolerance to the effects, particularly the loss of memory.
   


7. Interview the victim in great detail regarding any symptoms experienced. Although effects will differ according to the physical characteristics and drug history of each person as well as the type and amount of drug consumed, a common characteristic to watch for is the onset of symptoms within 10-20 minutes of ingestion. (See characteristic symptoms of each specific drug earlier in this chapter.)
   
   
8. Drug-induced rapes are sometimes accompanied by robberies (e.g., the victim may be stripped of jewelry while unconscious). Be sure to ask your victim whether she is missing any personal property which may turn up in the suspect's possession or at a local pawn shop.
   


9. Since all rape drugs tend to erase a person's memory, do not expect the survivor to come into the police station with an accurate chronology of the rape experience. Also, the survivor may feel "hung over" or disoriented for several days, so the report of the rape and of the use of drugs may be delayed.
   
   
10. You may also expect survivors of drug-induced rape to experience aggravated psychological trauma, including feelings of guilt due to poor memory and inability to cope with the facts of the case. Because they are probably unaware of exactly what the offenders did while they were unconscious, most victims are at the mercy of their own imaginations. Immediate psychological counseling is highly recommended and can usually be obtained free at a local rape crisis center, if there is one in your area.
    
    
Because victims of drug-induced rape experience even more loss of control than other rape victims do, it will also be helpful to use every possible strategy to make these victims feel they are in control of their own cases. If survivors feel they are included in the decision-making, they are much more likely to cooperate with law enforcement on critical issues such as evidence collection.


11. Consider the possibility of wiring a victim (or conducting a controlled phone call) if the victim is able to confront the suspect regarding the circumstances surrounding the "sexual encounter."
    
    
12. Finally, be sure to locate a qualified toxicologist in your area regarding the effects of the rape drug on your survivor. At the very least, a toxicologist can educate a jury regarding the effects of the drug, particularly when it has been mixed with alcohol or other drugs. More importantly, a good toxicologist may be able to neutralize the "weaknesses" in your evidence or even convert them to strengths. For example, consider a case with the following facts:
    
    
A woman reports that while drinking with a stranger at a bar, she suddenly became disoriented. She vaguely recalls leaving the bar with the man. Several witnesses testify that she staggered out of the bar with her arm around the man. She next recalls being in her own house with the man as he tried to remove her clothing. Her next memory is waking up naked in her own bed, with the sensation of having had sexual intercourse. She steadfastly maintains that she was raped, even though she never screamed, she never struggled with her assailant, and she showed no signs of physical injury. In fact, the woman cannot recall telling the man "No." Moreover, the woman reports feeling very "hungover" while at the police station and has a very poor recollection of the facts.

Obviously, these facts seem to support a defense of "consensual sex." The defense would surely claim that the victim got drunk in the bar, voluntarily left with the defendant, had consensual (albeit drunken) sexual intercourse, and was then too hungover to accurately report the events of the evening. In a rape drug case, however, these apparent weaknesses can be exposed by a good toxicologist as some of the classic symptoms of poisoning with a rape drug: disorientation, staggering out of the bar, inability to communicate or struggle with the assailant, a feeling of being hungover, and poor recollection of the facts.

Moreover, many facts which cannot be addressed directly by a toxicologist can still be explained by the presence of a rape drug rather than consensual sex. For example, just because a suspect escorts a woman out of a bar or party and ends up in her bedroom, it does not mean he was invited there. Indeed, the suspect may have drugged a stranger, escorted her into the parking lot, searched her purse for keys, and then used them to drive to her residence, the location of which he learned from her driver's license or checkbook. The absence of physical trauma is probably irrelevant since the victim was already subdued by the drug. Obviously, great care must be taken when evaluating the facts and circumstances of a drug-induced rape case.