New Rules Unveiled for Date Rape Drug Probes

Law enforcement officials in Los Angeles County announced new procedures Wednesday for collecting evidence in sexual assault cases in which the use of disorienting and sometimes lethal “date rape” drugs is suspected.

Beginning immediately, hospital caregivers are being asked to collect urine samples from rape victims and police officers are being trained to look for evidence of these potent, invisible drugs when investigating a sexual assault.

A 2-month-old Los Angeles County task force--which includes police, prosecutors and rape prevention experts--drafted the new procedures as the use of these substances spreads and holiday parties draw near.

Drugs such as Rohypnol and gamma hydroxybutyrate, or GHB, have drawn national attention as they circulate through party and nightclub circuits. In November, six people were rushed to a hospital after they consumed GHB at a Hollywood club. The Los Angeles County district attorney’s office is prosecuting two rape cases involving these drugs, and the deaths of six people nationwide have been attributed to their use.

After ingesting the tasteless and odorless drugs the victim feels dizzy, disoriented and may black out. After the rape, many victims have no recollection of the events.

Beginning Jan. 1, possession of Rohypnol, also known as “roofies,” will be illegal in California. Federal law banned its use earlier this year. However, GHB, known on the street as “cherry meth” or “liquid X,” remains legal. Legislation introduced this month by Assemblyman Larry Bowler (R-Elk Grove) would add GHB to the list of controlled substances.

Five to six sexual assaults a month involving the drugs are reported to the Santa Monica-based Rape Treatment Center, which serves victims across the county, said director Gail Abarbanel.

“What we’re seeing at hospitals and at police departments is the tip of the iceberg,” Abarbanel said. “Most victims do not report it because they feel shame and are uncertain about what happened.”

Police officials said collecting urine samples from victims will help identify drugs like Rohypnol that can remain in the system for two to three days but are not easily detected in the bloodstream.

“The thing missing in prosecuting these cases has been clear evidence,” said Los Angeles County Sheriff Sherman Block.

Rape prevention experts acknowledged that some victims may be wary of participating in a urine test because they may have voluntarily used other drugs, but officials said victims would not be prosecuted for using other substances that were found in their urine sample.

“I certainly would not charge them,” said Lauren Weiss, head deputy district attorney in charge of the sex crimes division. “I think that the sexual assault crime is certainly a much more serious and severe crime.”

Weiss said a defendant could use evidence from a urine test to argue that the victim voluntarily used drugs and consented to sex. But, she said, that line of argument is nothing new in rape cases.

The LAPD and Sheriff’s Department are also launching staff training to highlight evidence-gathering procedures in drug-related rapes. These include more careful interviews of victims who may have limited memory of events, examinations of crime scenes for glasses or unmarked liquids and interviews with potential witnesses such as bartenders who may have seen evidence of drugging.