Times Of Swaziland: UNLAWFUL ADMINISTERING OF SUBSTANCES

UNLAWFUL ADMINISTERING OF SUBSTANCES
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By SODV AND ME on 12/09/2019 00:17:00


Often when we think of rape we picture a stranger jumping out of the woods or
dark alley and attacking their victim. In reality, about half of the time when a
survivor reports a rape it is by someone they know or someone they consider to
be a friend or family member.
This is one of the reasons, among others, why sexual assaults are so
under-reported and why survivors might tell someone else, but often not the
police. Another reason is that a large number of such crimes are committed
during or after one or both parties have enjoyed alcohol.
Reporting such cases comes with its own interrogation and stigma for the victim.
To make matters even worse, some perpetrators use substances, both legally and
illegally obtained, to get victims to remove a person’s sense of danger and
inhibitions, with the intention of having sex with them.
Assault
This is commonly known as ‘date rape’ and it’s the focus of today’s
discussion.
Date rape drugs are most commonly used to sexually assault a person, although
others might be ‘spiked’ before becoming the victim of theft or assault.
The most well-known of these substances is Rohypnol (hence the slang ‘to
roofie’), a tranquiliser about 10 times more potent than Valium.
Rohypnol and others like it often have no colour, smell, or taste and are easily
added to drinks without the victim’s knowledge.
These drugs usually cause a person to become helpless – unable to move or to
protect themselves from being hurt. Contrary to popular perception, they do not
make a person sexually aroused but merely incapacitated. Another reason these
substances are used is that they may affect memory and especially fail to detail
recollection, again leading to victims doubting their own memory of what
happened.
As we know by now, according to the Sexual Offences and Domestic Violence (SODV)
Act, rape is a serious offence and can result in a perpetrator serving up to 25
years in prison. We also know that someone who cannot freely give consent, for
whatever reason, does not consent. Similarly, administering a substance without
the consent of an individual is unlawful.
The SODV Act defines this offence in Section 29, which reads:
l     Any person who intentionally administers a substance to or causes a
substance to be taken by another;
l     Knowing that that person does not consent and;
l     With the intention of stupefying or overpowering that other person, so as
to enable himself or any person to engage in a sexual activity with the first
mentioned other person.
Being separate offences, in a date rape case a judge may deliver a separate
verdict on the sexual assault and the administering of a substance, and, if
found guilty, may then decide whether the sentences are to be served
concurrently, or consecutively (in serious cases). Should a judge choose the
latter, the Act details that the perpetrator of such a crime could see their
sentence extended by an additional 20 years.
At Kwakha Indvodza, we applaud such strong measures, because date rape is a
pre-meditated and serious crime, which ensures that victims are incapable of
defence.
Though more common in large cities in South Africa and elsewhere, date rape must
be a terrifying, dehumanising experience and deserves full prosecution from the
law.
It’s hard to know whether a party, club, or concert you plan to go to will be
dangerous. After all, if we did a thorough risk assessment of everywhere we ever
went, we’d never leave the house.
Also, nobody but the perpetrator can ever truly prevent an assault. However,
while it is not a potential victim’s responsibility, there are few very simple
steps we can all take to eliminate the opportunity for someone to administer a
substance, especially on a night out.
Tampered
These include; never accepting an open drink, or a drink that could have been
tampered with, placing a coaster over your drink when it’s placed on the table
and ensuring that a friend knows where you are, and where you are going.
Lastly, if you feel suddenly out of control or unexpectedly and inexplicably
intoxicated, tell someone, like a waiter or bar staff and make a plan to be
accompanied home by a neutral party.
The SODV Act has done an excellent job in considering all factors that may lead
to the unfortunate result of rape.
The law is proving to be holistic and broad in its efforts to protect human
rights. As Eswatini citizens we need to appreciate the enactment of the law and
abide by its rules for a violent-free country.