Rohypnol - The Law

The Law

Rohypnol is legal in more than sixty countries but not in the United States. It was originally classified along with the other benzodiazepines as a Schedule IV drug. The Controlled Substances Act of 1970 classifies drugs in five categories called schedules. These schedules are based on a substance's medicinal value, possible harmfulness, and potential for abuse and addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use.

In February 1995, the DEA made two enormous seizures of Rohypnol—one in Louisiana and one in Texas. That same year, Rohypnol was moved to Schedule III status. All other benzodiazepines remained at Schedule IV. In 1997, the DEA banned Rohypnol from being imported into the United States. Some states have classified it as a Schedule I drug, and the DEA is considering doing the same.

Drug-Induced Rape Prevention and Punishment Act of 1996

The high number of rapes that involved Rohypnol and other date rape drugs in the mid-1990s led the U.S. government to create the Drug-Induced Rape Prevention and Punishment Act of 1996. This act states that a person who uses a drug in a sexual assault will receive harsher penalties, such as higher fines and longer prison terms—up to twenty years. Just possessing Rohypnol is punishable by three years in prison and a fine. In 1997, penalties for possessing and selling Rohypnol were stiffened even more to reflect the penalties of Schedule I drugs.

Difficulty Prosecuting Rapists Who Use Rohypnol

Since Rohypnol causes amnesia, a rape victim may awaken after the drug has worn off and see and feel physical signs of being assaulted but not remember much or anything at all about the attack. The victim may not even know the identity of the attacker. Rohypnol provides a rapist with the possibility of remaining completely anonymous. Having limited memory of an attack or not remembering it at all makes it extremely difficult to find and prosecute a perpetrator.

In addition, some victims wait too long before reporting an attack to the police. They may feel ashamed, embarrassed, afraid, or blame themselves for the rape. No matter the circumstances—even if the victim doesn't know the identity of the rapist—it is important for a victim to go to the authorities and report a rape right away. The victim can be examined and evidence can be built for a case against the attacker. The evidence is better the sooner it is collected.

More Than Just a Date Rape Drug

Criminals worldwide have found that they can sedate people with Rohypnol and steal from them. In Asia, it was reported that prostitutes in the Wan Chai bar district in China were drugging men with Rohypnol and then stealing their money and credit cards. They would even target men at ATM machines, watch as the victim keyed in his pin number, distract and drug him, and then steal his ATM card and money from his account.

If Rohypnol use is suspected in a rape case, the victim will need to be tested for the drug. However, Rohypnol tests are time-sensitive. The drug is only detectable in the body for up to seventy-two hours after it is consumed. Waiting beyond seventy-two hours could result in a negative test for Rohypnol, which would weaken the chances of convicting the perpetrator. In suspected rape cases, Roche Laboratories offers a free screening for Rohypnol.