So-called “date-rape drugs” are commonly slipped into someone’s drink without them knowing prior to a sexual assault. In the past, drugging someone wasn’t considered assault on its own. A new law that went into effect this month changes that.
The change to Montana’s assault laws was a rare point of near-unanimous bipartisanship in Montana’s 2023 Legislative Session. The policy targets offenders who drug someone with one of three chemicals often used to incapacitate a victim prior to a physical or sexual assault.
Missoula County deputy attorney Matt Jennings says the crime is difficult to investigate — the druggings often happen in dark, crowded bars, and do not always lead to a physical assault. He says the new law expands the grounds on which police and prosecutors can charge offenders.
“This could be a good resource for those very early stages — to make sure that we intervene and maybe stop somebody before that happens and still hold them accountable if they don’t reach those higher levels.”
Bozeman Police Captain Dana McNeil says alcohol is the substance most used to commit drug-facilitated assault. He says the body processes the drugs targeted by the new law quickly. That makes proving an assault difficult unless tests are performed soon after the drugging.
“We will always investigate, and we will always be of assistance,” McNeil said in a phone interview. “So, the first thing I would suggest is that, if you think that something like that has happened to you, is to just go ahead and give us a call right away.”
McNeil advises people to watch out for their friends and keep an eye on their drinks. He adds that reports of drug-facilitated assaults remain rare.
