Sexual assault and MDMA: the distinction between consciousness and awareness when it comes to consent

Int J Legal Med. 2009 Mar;123(2):155-6. doi: 10.1007/s00414-008-0305-8. Epub 2008 Dec 20.

Abstract

In France, the term chemical or drug-assisted submission is usually defined as the rendering of a person vulnerable by the surreptitious administration of an active substance with the purpose of prejudicing the person or his/her possessions. If the harm is sexual assault, establishing the victim's submission involves both proving that a dangerous substance was administered, providing material evidence of the infraction (the assault), i.e. the detection of traces in a physical examination and samples, and proving the absence of consent. We report the case of a woman who was sexually assaulted after having been surreptitiously administered methylenedioxymethamphetamine. In this special case, the woman remained in a state of vigilance (conscious) throughout, so there is doubt about whether or not she consented. In other words, the ability to consent is debatable.

Publication types

  • Case Reports

MeSH terms

  • Adult
  • Awareness*
  • Beverages
  • Consciousness*
  • Female
  • Forensic Medicine
  • Hair / chemistry
  • Hallucinogens / administration & dosage*
  • Hallucinogens / analysis
  • Humans
  • Male
  • N-Methyl-3,4-methylenedioxyamphetamine / administration & dosage*
  • N-Methyl-3,4-methylenedioxyamphetamine / analysis
  • Rape / legislation & jurisprudence*
  • Spermatozoa / cytology

Substances

  • Hallucinogens
  • N-Methyl-3,4-methylenedioxyamphetamine