The Interest of a Systematic Toxicological Analysis Combined with Forensic Advice to Improve the Judicial Investigation and Final Judgment in Drug Facilitated Sexual Assault Cases

Abstract

The conviction rate in drug facilitated sexual assault (DFSA) cases is known to be very low. In addition, the potential impact of toxicological results on the case is often not well understood by the judicial authorities. The aims of this study were (1) to obtain more knowledge concerning the prevalence of incapacitating substances in DFSA cases, (2) to create a more efficient DFSA analysis strategy taking background information into account, and (3) to evaluate the potential impact of systematic toxicological analysis (STA) on the final judicial outcome. This small-scale epidemiological study (n = 79) demonstrates that ‘commonly-used’ illicit drugs, psychoactive medicines and ethanol are more prevalent in DFSA cases in contrast to the highly mediatized date rape drugs. Additionally, via case examples, the interest of performing STA—to prove incapacitation of the victim—in judicial procedures with mutual-consent discussions has been demonstrated as it led to increased convictions. However, more attention has to be paid to ensure a short sampling delay and to get more accurate information from the medical treatment of the alleged victim. This will improve the interpretation of the toxicological analysis and thus its applicability in a DFSA case. The future is multi-disciplinary and will certainly lead to an efficient and more cost-effective DFSA approach in which STA can impact the final judgment.

Sexual Harassments Related to Alcohol and Drugs Intake: The Experience of the Rape Centre of Turin

“…The biological matrices used in this type of context for toxicological investigations are blood, urine, and keratin (hair or, where not available, hair formation): the choice of the matrix is consequent to the history of the victim, but above all to the time spent between the event and the access to health services [ 39 ].…”

“…Healthcare personnel must therefore be aware of the time windows [ 7 , 21 , 38 , 43 , 44 , 45 ] within which the tests can guarantee a correct degree of reliability: the blood matrix can be evaluated within 48 h of the presumed event, while the urine can guarantee reliable results up to 5 days later. The choice of the keratin matrix is to be evaluated for cases in which the elapsed time is greater than the times indicated above or if it is necessary to investigate a longer period [ 38 , 39 , 40 , 41 , 42 ], due to the growth time of the hair bulb.…”

“…In fact, the limited proportion of survivors who reported having intake drugs (less than a third) and the variability of the licit and illicit drugs that women may have taken have probably influenced the ability to effectively describe the factors that can influence the relationship between drug use and toxicological test results and highlight the relationship between drug use and laboratory test results. In DFSA cases, forensic laboratory investigations play a fundamental role in the process, due to the complexity of the investigation based on specific guidelines [ 7 , 39 , 47 , 48 , 49 ] and dedicated resources. The rapid evolution and commercialization of new substances of abuse represent the greatest challenge in the forensic field [ 16 ], thus requiring an enormous effort, especially from the laboratory point of view, for a constant updating and development of new techniques that can guarantee a greater investigative capacity and reliability of results [ 48 , 50 , 51 ].…”

Evaluation of suspected drug‐facilitated sexual assault cases in the city of Houston from 2014 to 2020

“…The low number of sexual assault cases submitted to the laboratory is not surprising as sexual assaults are generally underreported due to reasons including self-blame, guilt, or shame if the drugs or alcohol were consumed voluntarily, lack of memory of the details or circumstances of the assault due to the sedative and amnestic effects of certain drugs, or in the case of male victims not being believed by law enforcement [6]. The prosecution rate in DFSA cases is known to be low, with the conviction rate even lower [7,8]. This study's investigation into the status of alleged DFSA where the presence of drugs was confirmed in the victims supports this with the finding that almost 90% of the cases resulted in no charges being made.…”

Overview of systematic toxicological analysis strategies and their coverage of substances in forensic toxicology

“…These usually involve various stages of sample preparation followed by a variety of drug screening and quantification methods. 9,[26][27][28] Wille et al 9 recently described the application of an STA strategy that contained multiple methods for drug analysis in urine and blood samples from victims of drug-facilitated sexual assault (DFSA).…”