In Victoria, section 46 of the Crimes Act 1958 is the offence of Administration of Drugs for a Sexual Purpose, which is drugging someone without their knowledge or consent to perform sexual acts on them without their consent.
Have you been accused of Administration of Drugs for Sex? Ask us your legal questions in confidence. Ask about your rights when dealing with the Police. Should you plead guilty or not guilty?
Police interviewYou may want to know – should I make a statement to the Police? Should I attend a Police interview? Do I need to give my DNA? Will the Police leave me alone if I explain my side of the story? Will I be remanded?
If the Police want to speak with you about an allegation of Administration of Drugs for Sex, call us now. Do not wait till after the interview. Speak with one of our experienced lawyers and they will answer your questions.
Call us to discuss the allegations before you participate in a Police interview to know your rights.
We can attend the Police interview with you.
Pleading not guiltyIn a case like this, you want a lawyer who is going to ask the Police for full disclosure of evidence. Is there forensic evidence or people who the Police have not spoken to? Can these people shed some light on this case? Is there other important evidence that is being ignored?
The answer to these questions can lead to a charge of Administering a Drug for a Sexual Purpose being withdrawn before a trial or to winning the case before a jury.
We have successfully defended a lot of people charged with sex offences. We believe it is very important for our clients to understand what they are facing. Preparing a case strategy early is critical to increasing the chances of charges being withdrawn or a finding of not guilty.
Pleading guiltyIf you are pleading guilty to Administering a Drug for a Sexual Purpose, we can advise you how to prepare your plea to get the possible outcome. We can advise how to best prepare and what documents or reports to get for your plea hearing. This can have a significant effect on the penalty you get from the Court.
- Contact an expert in charges of Administration of Drugs for Sex on (03) 9670 5111.
- We provide a free first phone conference.
- Download our free booklet to learn more about the Investigation and Court process.
Which court will the case be heard in?Administration of Drugs for a Sexual Purpose is an indictable charge which means that all cases are heard in the County Court.
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 did not proceed as the Police could not prove that our client had any intention to administer GHB to anyone.
What is the legal definition of Administration of Drugs for a Sexual Purpose?The legal definition of Administration of Drugs for Sex 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.
LegislationThe section that covers this offence is section 46 of the Crimes Act 1958:
Administration of an Intoxicating Substance for a Sexual Purpose
- A person (A) commits an offence if—
- administers an intoxicating substance to another person (B); or
- causes B to take an intoxicating substance; or
- causes another person (C) to administer an intoxicating substance to B; and
- A intends that the intoxicating substance—
- will impair B’s capacity to give, withhold or withdraw consent to taking part in a sexual act; and
- will facilitate B taking part in a sexual act with A or another person.
- A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
- In this section—”intoxicating substance” includes any substance that affects a person’s senses or understanding.1
Elements of the offenceA person may be found guilty of this charge if the following elements are satisfied beyond reasonable doubt:
- The accused administered an intoxicating substance to another person (V); or
- The accused caused the person (V) to take an intoxicating substance; or
- The accused caused another person (P) to administer an intoxicating substance to V; and
- The accused intended for the intoxicating substance to impair V’s capacity to give, withhold or withdraw consent to taking part in a sexual act; and
- The accused intended for the intoxicating substance to facilitate V taking part in a sexual act with the accused or another person.
What are possible defences to an Administration of Drugs for Sex 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.
“We never intended to have sex”
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 for section 46 of the Crimes Act 1958The maximum penalty for this offence is 10 years imprisonment.
The maximum sentence is reserved for the worst example of the charge. Therefore not everyone charged with this offence gets that penalty.
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.
 Australian legal Information Institute. “Crimes Act 1958 – Section 46: Administration of an intoxicating substance for a sexual purpose.” Classic.Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s46.html (accessed June 1, 2020).
- Abduction of a Child Under the Age of 16 for a Sexual Purpose
- Abduction or Detention for a Sexual Purpose
- Administration of Drugs for a Sexual Purpose
- Assault with Intent to Commit a Sexual Offence
- Compelling Sexual Penetration
- Distribution of Intimate Image
- Furnish False or Misleading Information (Sex Offender Registry)
- Indecent Act In the Presence of a Child Under the Age of 16
- Indecent Assault
- Intentionally Visually Capture Another Person’s Genital or Anal Region
- Involving a Child in the Production of Child Abuse Material
- Loitering Near Schools By a Sexual Offender
- Offence of Failing to Comply With Reporting Obligations (Sex Offender Registry)
- Persistent Sexual Abuse of a Child Under 16
- Possession of Child Abuse Material
- Procuring a Sexual Act By Fraud
- Procuring a Sexual Act By Threat
- Production of Child Pornography
- Sexual Activity Directed at Another Person
- Sexual Assault By Compelling Sexual Touching
- Sexual Assault
- Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs
- Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.
- Sexual Penetration of 16 or 17 Year Old Child
- Sexual Penetration of a Child Under 16
- Sexual Servitude
- Threat to Commit Sexual Offence
- Threat to Distribute Intimate Image