By Esther Teresinski, JHBL Staff Member
Date rape drugs, also known as roofies, have threatened individuals’ safety since the 1990s.[1] Yet, recent upticks in documented cases of date-rape drug use in the Boston area threaten the onset of a public health crisis and epidemic. Although this crisis calls for legislative change, public health officials have seemingly improperly addressed the issue.[2] Unfortunately for Boston, this ignorance to the problem is leading to the rise in horror stories involving roofie use.[3] Individuals can take steps to help protect themselves during a night out, but these precautions will only go so far without proper acknowledgement by local police departments and legislative change.[4]
Roofies come in many forms, but are most commonly known as GHB, rohypnol, and ketamine.[5] These drugs are clear liquids or dissolvable powders without a smell or taste, making them a popular choice for drink spiking.[6] After ingestion, the user can feel sleepy and relaxed, while also losing muscle control and their inhibitions.[7] Because these effects are comparable to the effects of alcohol, people experiencing them may believe they simply lost track of how much they drank or could not hold their liquor.[8]
Unfortunately, victims often receive no clear answers or confirmation that they were roofied, even if they do report the incident to the police department or seek medical attention at the hospital.[9] Moreover, even if police do investigate, it is difficult to locate who tampered with a drink in a busy nightclub.[10] Additionally, hospitals commonly do not perform toxicology tests on date-rape victims because they often lack the ability to quickly administer the tests at the time when the test results are most reliable.[11]
The act of roofying can happen in a variety of ways, even by the bartender, forcing bar-goers to be creative with ways to keep themselves safe.[12] Suggestions on how to keep oneself safe include never leaving your drink unattended, only accepting drinks from people you know, and looking out for each other.[13] Additionally, women have invented a nail polish that changes color when exposed to certain drugs and a scrunchie which turns into a drink cover.[14] Furthermore, forums on social media platforms, such as Booze in Boston on Facebook, provide spaces for victims to share their stories, suggestions for staying safe, and a growing list of bars where roofying incidences have occurred.[15]
Individuals are prosecuted under federal and state law for instances involving drugging another person without their knowledge or consent, but these cases and statutes involve an element of sexual assault, which some Boston victims do not experience when roofied.[16] For example, 18 U.S.C. § 2241(b) prohibits someone from giving another person a drug without their knowledge and engages in a sexual act with that person.[17] This requires victims of roofying to prove they are also a victim of sexual assault as a direct result of the administration of the drug without their knowledge or consent.[18] Therefore, in Boston, these legal protections generally do not assist in obtaining justice for the roofied victim.
Due to this gap in legislative protection, the Massachusetts State Senate proposed multiple bills including allocating monetary resources to address drink-spiking, the creation of a date-rape drug response and intervention task force, and changes in testing protocols within hospitals.[19] Although these bills offer the first step towards a safer future, they present a reactive solution where the public first needs a proactive approach. These proactive solutions could include mandatory bartender training, greater security, and free drink-spiking prevention resources at bars in addition to proactive steps victims are already taking. Without attempting to address the involuntary drugging before it takes place, the horror stories will continue to grow until public health officials are forced to confront the growing number of pleading victims.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHBL or Suffolk University Law School.
Esther Teresinski is a second-year JD/MBA student at Suffolk University Law School studying business law and working toward her CPA. She received a Bachelor’s of Business Administration in Business Economics from Marquette University in May of 2022.
[1] See Chris Van Buskirk, Boston Police Received 47 Drink Spinking Reports in First Six Months of 2023, Bos. Herald (June 10, 2023) https://www.bostonherald.com/2023/06/10/boston-police-received-47-drink-spiking-reports-in-first-six-months-of-2023/ [https://perma.cc/D43D-DC3P].
[2] See Makena Gera, Inside Boston’s Mysterious Drink-Spiking Crisis, Bos. Mag. (Feb. 28, 2023) https://www.bostonmagazine.com/news/2023/02/28/drink-spiking-roofies/ [https://perma.cc/L2RR-JTLS] [hereinafter Gera].
[3] See Kana Ruhalter, Fearing a ‘Red Zone’ for ‘Roofies,’ Boston Deploys Array of Efforts to Prevent Drink Spiking, GBH (Sep. 15, 2022) https://www.wgbh.org/news/local/2022-09-15/fearing-a-red-zone-for-roofies-boston-deploys-array-of-efforts-to-prevent-drink-spiking [https://perma.cc/TH3C-MS2W]. See also Gera, supra note 2. 116 reports of incidents involving roofies were reported to the Boston Police Department in 2022. Id. This number fails to represent the vast majority that go unreported along with the growing number of incidents in the following years. Id.
[4] See Gera, supra note 2.
[5] See Carol DerSarkissian, MD, Date-Rape Drugs, WebMD (Mar. 16, 2024) https://www.webmd.com/mental-health/addiction/date-rape-drugs [https://perma.cc/5LX9-T29G].
[6] See id.
[7] See id.
[8] See Gera, supra note 2. Due to the inability to detect these drugs without medical testing, the lack of proof turns the tables on victims to come up with other explanations for their symptoms. Id.
[9] See id.
[10] See id.
[11] See id.
[12] See Mo Grieve, 7 Ways Bartenders Will Spike You, If They are Asked To, Medium (Sep. 24, 2023) https://medium.com/@mo.campbell/7-ways-barmtenders-will-spike-you-if-they-are-asked-to-af812998c273 [https://perma.cc/Y3QY-XBZM].
[13] See Auna Nygaar, Roofied: 7+ Signs of Drink Spiking & How to Recover, Sandstone Care (Jan. 5, 2024) https://www.sandstonecare.com/blog/roofied/#:~:text=One%20way%20to%20prevent%20being,looks%20out%20for%20each%20other. [https://perma.cc/ZK3S-BA72].
[14] See Joe Schwarcz PhD, A Nail Polish to Detect Drugs?, MᴄGɪʟʟ (Mar. 20, 2017) https://www.mcgill.ca/oss/article/controversial-science-drugs-news/nail-polish-detect-drugs [https://perma.cc/UKK2-3TFP]. See also Nightcap https://nightcapit.com/ [https://perma.cc/W83J-D6CF].
[15] See Booze in Boston, Facebook https://www.facebook.com/groups/5162634780458035/?locale=pt_PT [https://perma.cc/W7P3-PVEY].
[16] See United States v. Raymond, No. 21-380, 2023 U.S. Dist. LEXIS 190419, at *4.
[17] See U.S.C. 18 § 2241(b)(1)-(2).
[18] See Drug-Induced Rape Prevention and Punishment Act of 1996, 104 P.L. 305, 110 Stat. 3807.
[19] See Makena Gera, Massachusetts Senate Passes Bill Allocating $300K for Drink-Spiking Prevention, Bos. Mag.. (May 25, 2023) https://www.bostonmagazine.com/news/2023/05/25/massachusetts-drink-spiking-bill-passes/ [https://perma.cc/5FP2-778Y] [hereinafter Bill Allocating $300K]; see also Kate Lannan, Lawmaker Eyes Task Force to Aid Drink-Spiking Victims in Massachusetts, GBH (June 6, 2023) https://www.wgbh.org/news/politics/2023-06-06/lawmaker-eyes-task-force-to-aid-drink-spiking-victims-in-massachusetts [https://perma.cc/Q8KM-K2HU].