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Administration of Drugs for a Sexual Purpose

– section 46 of the Crimes Act 1958

 

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.

One of our clients was accused of Administering Drugs for Sex after a small vial of GHB was found in his possession. The charges were not proceeded with as the Police could not prove our client had any intention to administer GHB to anyone.

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 Court that deals with this charge

The maximum penalty for this offence is 10 years imprisonment.

The maximum sentence is reserved for the worst example of the charge. So not everyone charged with this offence gets that penalty.

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

“We never intended to have sex”
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 1958.1

prison penalty sentencing

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.

 

Other Important Resources
Case studies related to the charge of Administration of Drugs for a Sexual Purpose:

 



[1] Crimes Act 1958 – Section 46

(1) A person must not—
(a) administer a drug, matter or thing to a person; or
(b) cause a drug, matter or thing to be taken by a person—
with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to take part in an act of sexual penetration with that person.
Penalty: Level 5 imprisonment (10 years maximum).
(2) A person must not—
(a) administer a drug, matter or thing to a person; or
(b) cause a drug, matter or thing to be taken by a person—
with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to commit, or in any way be a party to the commission of, an indecent act with that person.
Penalty: Level 6 imprisonment (5 years maximum).
(3) In subsection (2), indecent act means—
(a) a sexual assault in any of the circumstances referred to in section 40(1) or 41(1); or
(b) an indecent act in any of the circumstances referred to in section 47, 49, 51(2) or 52(2).