Holiday parties are characterized by throngs of people intermingling, chatting, having a good time, and knocking back spirits. For some people, all of the drinks being passed around and left unattended for long periods of time are seen as opportunities for drink spiking, or putting a drug into a beverage that will later render the imbiber unconscious or uninhibited. Amidst the controlled chaos of the party, it can become difficult, if not impossible, to track down who committing the drink spiking. Almost anyone can end up with an accusatory finger pointing at them. If this happens to you, do you know how to defend yourself?
DATE RAPE & DRINK SPIKING ACCUSATIONS
The first thing to remember if you are accused of drink spiking or date raping after attending a holiday party is that you are to be seen as innocent until proven guilty. This presumption of innocence means that the prosecution needs to prove that you are guilty, not that you need to prove you are not. Additionally, it must be proven beyond a reasonable doubt. With these stipulations in mind, you should team up with a sex crimes defense lawyer to start talking about how to defend yourself since a conviction for date rape, or attempted date rape through drink spiking, could be considered a felony offense in many cases.
Three main components of your case to consider in your defense are:
- Identity: As previously mentioned, a holiday party is sure to be packed with strangers, friends, and acquaintances. If a person does consume a drink that has been spiked with a narcotic, every single person in the establishment is essentially a suspect, from the best friend who was supposed to watch the drink to the bartender that made it. Challenging the prosecution to come up with conclusive evidence that you are the one who committed the crime can often dismantle their arguments upfront.
- Intent: If there is solid evidence to suggest that you had spiked a beverage with a drug, you still have not attempted to commit date rape. A person’s intent behind their criminal actions can hold major sway over subsequent charges and trials. Many people intentionally spike their own drinks with drugs to “enhance” the party. Was there any actual malicious intent behind your actions? If not, the charges should be reduced or dropped.
- Harm: In many date rape cases, the accusations do not actually fit the reality of the situation, as date rape does not exist but the charges are placed as if it had. Regardless of your intent to drink spike someone else, you should never be charged for anything beyond what happened. If there was no lasting harm, there should be no excessive consequence.
To learn more, call our criminal defense law firm at 972-424-0760 or visit our contact us page to send us an email.