Date rape drugs are a serious concern in Missouri and across the United States. These substances, used to facilitate sexual assault, can leave victims vulnerable and struggling to seek justice. At Privette Law Office, we believe it’s crucial for Missouri residents to understand the legal options available to survivors of drug-facilitated sexual assault.
Understanding Date Rape Drugs
Date rape drugs, also known as predatory drugs, are substances used to incapacitate victims for the purpose of sexual assault. Common examples include:
- Rohypnol (flunitrazepam)
- GHB (gamma-hydroxybutyric acid)
- Ketamine
- Ecstasy (MDMA)
These drugs can cause disorientation, memory loss, and unconsciousness, making it difficult for victims to resist or recall the assault.
Missouri Laws on Date Rape Drugs
Missouri takes a strong stance against the use of date rape drugs. Under Missouri Revised Statutes Section 566.030, the use of a substance to incapacitate a victim for sexual assault is considered rape in the first degree, a felony offense.
Additionally, Missouri law criminalizes the possession, distribution, and manufacturing of these substances. Penalties for these offenses can include hefty fines and lengthy prison sentences.
Criminal Prosecution of Perpetrators
When a drug-facilitated sexual assault occurs, victims can report the crime to law enforcement. The prosecutor’s office will then decide whether to file criminal charges against the alleged perpetrator. Criminal cases are pursued by the state, aiming to hold the offender accountable through the justice system.
Key points in criminal prosecution:
- Burden of proof: The prosecution must prove guilt beyond a reasonable doubt.
- Potential outcomes: If convicted, perpetrators may face imprisonment, fines, and registration as a sex offender.
- Victim’s role: While victims may be called to testify, they are not responsible for prosecuting the case.
Civil Litigation Options
In addition to criminal prosecution, survivors of drug-facilitated sexual assault have the option to pursue civil litigation against their attackers. Civil lawsuits can provide victims with financial compensation and a sense of justice, even if criminal charges are not filed or do not result in a conviction.
If a person who was the victim of a date-rape drug-facilitated sexual assault files a civil case in Missouri, they may seek compensation for:
- Medical expenses
- Therapy and counseling costs
- Lost wages
- Pain and suffering
- Emotional distress
The burden of proof in civil cases is lower than in criminal cases. Plaintiffs must prove their case by a “preponderance of the evidence.” That means they must show that it’s more likely than not that the defendant is responsible for the assault.
Statute of Limitations
Missouri has specific time limits for filing both criminal charges and civil lawsuits related to sexual assault. For most sexual assault cases, the criminal statute of limitations allows prosecutors two years from the date of the crime to pursue a conviction. However, if DNA evidence is available, charges can be filed at any time.
For civil lawsuits, the statute of limitations generally allows five years from the date of the assault for the injured party to file a lawsuit. However, the rules are different if the person who was assaulted is a minor. Consult a lawyer to determine how much time you have to pursue a lawsuit against the offending party.
Seeking Legal Help and Support
If you or a loved one has been a victim of drug-facilitated sexual assault in Missouri, it’s crucial to seek both legal and emotional support. At the Privette Law Office, we understand the sensitive nature of these cases and are committed to providing compassionate, confidential legal guidance.
Steps to take if you’ve been assaulted:
- Seek medical attention immediately
- Report the assault to law enforcement
- Preserve any evidence, including clothing or bedding
- Contact a sexual assault support hotline or counselor
- Consult an experienced attorney about your legal options
Remember, you are not alone in this process. Various organizations in Missouri offer support services for survivors of sexual assault, including counseling, advocacy, and assistance in handling the legal system.
Contact Privette Law Office for a Free and Confidential Case Consultation
Drug-facilitated sexual assault is a serious crime with devastating consequences for survivors. While the legal process can be challenging, Missouri law provides avenues for seeking justice and compensation. At the Privette Law Office, we are dedicated to supporting survivors and holding perpetrators accountable.
If you have been affected by date rape drugs or sexual assault, don’t hesitate to reach out for help. Our experienced attorneys can guide you through your legal options and fight for your rights. Contact the Privette Law Office today for a confidential consultation.