Drugging Persons for Sexual Intercourse

Massachusetts considers drugging a person for sexual intercourse as one of the most serious sex crimes on record. According to the legal definition in the state, drugging a person for sexual intercourse is administering or causing someone to take any drug, matter, or substance with the intent to stupefy or overpower them, enabling the offender to have sexual or unnatural intercourse with them. The legal statute ends by stating that anyone convicted of such an act will be imprisoned for a minimum of 10 years but can face a life sentence.

Charged with a sex crime? Contact our Boston criminal defense attorneys by calling (617) 500-0252 now.

Federal Offenses & Higher Penalties

In addition to being in direct violation of Massachusetts State laws, drugging a person for sexual intercourse is a federal crime and a form of rape. According to the federal statute, rape can occur between all genders, not just men and women, as the past state laws concluded. It also expands the definition of rape to include the inability to give consent due to alcohol or drugs, or any substance that renders a person unconscious or incoherent.

Penalties the accused could face for a drug-related rape charge include:

• 10 year minimum sentence in federal prison
• Up to a lifetime in prison with no parole
• Thousands of dollars in fines
• Mandatory sex offender registration

No matter how the situation is approached, a person accused of drugging someone for sexual intercourse is facing heavy penalties, both from the state and the federal government. Due to a perceived public biased against the accused in such situations, a steadfast criminal defense attorney with a sterling reputation may be necessary to secure a beneficial outcome.

Are There Challenges in Disproving Drugging a Person for Sexual Intercourse Allegations?

Disproving allegations of drugging someone for sexual intercourse is often complex due to the sensitive and technical nature of the evidence involved. These cases frequently rely on circumstantial evidence and toxicology results, which can present unique challenges for the defense.

• Limited memory of the accuser: Many allegations involve impaired recollection, leading to reliance on indirect evidence that can be inconsistent.
• Rapid drug metabolism: Substances like GHB and Rohypnol metabolize quickly, making toxicology tests inconclusive if not conducted promptly.
• Voluntary drug or alcohol use: If the accuser consumed substances willingly, establishing intent to incapacitate becomes difficult.
• Chain of custody concerns: Any mishandling of toxicological samples could compromise the evidence.

An experienced attorney can analyze the specifics of the case to identify weaknesses in the prosecution’s evidence, helping to build a strong defense against these serious charges.

Highly-Experienced Criminal Defender By Your Side

When looking for an attorney to represent you, considering the number of sex crime cases they have handled, the number of years of experience they have in criminal law, and their overall trial exposure is a must. Boston Criminal Defense Attorney Brad Bailey meets all of the above considerations and much more. He has been listed as a Massachusetts Super Lawyer® numerous times throughout his career, which includes time spent as the Assistant US Attorney of Boston, a position in which he never lost a case.

Some rape cases Brad has successfully defended in the past include:

• NH v. Knipher (aggravated sexual assault)
• Commonwealth v. Sullivan (drugs for sex/rape)
• Commonwealth v. Paulo (aggravated rape)
• Commonwealth v. Meaney (aggravated rape COA appeal)
• Commonwealth v. Coppin (rape)

For more than 33 years, Brad has been expanding his understanding of the law to a truly unparalleled level. He understands that you are feeling the stress and pressures associated with sex crime accusations, including the possible destruction of your good name. All of his clients are treated with dignity, respect, and empathy. Our entire team of will do all we can to help defend you.

Call us at (617) 500-0252 to set up a free case analysis today.