Administration of Drugs for a Sexual Purpose – What is the Law?

by Doogue + George Criminal Defence Lawyers

Administration of Drugs for a Sexual Purpose is when a person drugs another person to make them unable to resist having sex.

Examples of Administration of Drugs for a Sexual Purpose

  • You’re in a bar and you meet someone. You buy her so many drinks she passes out. Your intention was that the other person become so drunk that they could not resist later having sex with you.
  • You see someone at a club that you think your best friend would like to have sex with. You put rohypnol in the person’s drink so that they won’t be able to resist your friend’s sexual advances.

What are possible defences to an Administration of Drugs for a Sexual Purpose charge?

  • You didn’t drug anybody.
  • You didn’t intend to have sex with the other person.
  • You didn’t intend to make the other person incapable of resisting sex.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

  • How do they prove you drugged somebody?
  • How do they prove you intended to have sex?
  • How do they prove you intended to make the other person incapable of resisting sex?

Maximum penalty and the court that deals with this charge

The maximum penalty for this offence is 10 years imprisonment. However this is reserved for the worst example of the charge and so not everyone who gets charged with this offence will automatically receive this penalty.

Administration of Drugs for a Sexual Purpose is an indictable charge which means that all cases are heard in the County Court.

What is the legal definition of Administration of Drugs for a Sexual Purpose?

The legal definition of Administration of Drugs for a Sexual Purpose is when a person (A) gives a drug to someone else (B) intending that the drug:

  • will impair person (B)’s ability to give, withhold, or withdraw consent to taking part in a sexual act; and
  • will facilitate person (B) taking part in a sexual act with another person.

Legislation

The section that covers this offence is section 46 of the Crimes Act 1958.

What can you be sentenced to for this charge?

As with all sexual offences, this is a very serious offence that normally has a prison term attached to it if you are found guilty.

If you have been accused of Administration of Drugs for a Sexual Purpose, you need to find a lawyer immediately and get your case evaluated. This is a very serious sexual offence with severe repercussions on a finding of guilty. Doogue + George Defence Lawyers specialises in criminal defence against sexual offences and other crimes. Speak with one of our criminal law specialists.

For more information and to view an actual case study related to this offence, visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/administration-drugs-for-sexual-purpose.



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