by Cooper Unkle, Program Intern
Drug-facilitated sexual assault (DFSA) is the use of substances, illegal or legal, to commit sexual violence. Non-consensual sexual activity, with an incapacitated or unconscious individual is sexual violence. Substances are used to hinder an individual's ability to consent to or resist sexual violence. (MCASA, 2023). In 2022, the National Intimate Partner and Sexual Violence Survey reported that 12% of women over the age of 18 had experienced drug facilitated rape (Recalde-Esnoz, et. al, 2024). These substances may be administered without the person’s knowledge, like being slipped into a drink, commonly known as “being roofied”, or consumed knowingly but later exploited by a perpetrator.
Alcohol is the most reported substance involved to facilitate sexual violence, but other drugs such as prescription medications and illicit substances can lower anyone’s awareness, judgment, and coordination or render them unconscious (MCASA, 2026). Substances, whether voluntarily or unknowingly consumed, make an individual more vulnerable to sexual violence as perpetrators may take advantage of the intoxicating effects which may affect a sexual assault survivor’s ability to recall memories of the assault, which can result in confusion and delayed reporting. To be clear, sexual violence is never the fault of the survivor, but everyone can benefit from understanding how substances may be used to facilitate sexual violence to help inform prevention strategies, improve responses, and ensure survivors receive the support they deserve.
Under Maryland law consent must be given clearly and voluntarily (Md. Crim. Law §3-301.1), The definition of “consent” is still relatively new and it is not clear how it will be applied in DFSA cases. Maryland law also specially addresses cases when an individual is incapacitated due to the influence of a substance, known as a “mentally incapacitated individual.” The standard in Maryland’s law is quite strict, requiring that because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, [the person is] rendered substantially incapable of:
(1) appraising the nature of the individual’s conduct; or
(2) resisting vaginal intercourse, a sexual act, or sexual contact. Additionally, it is a separate and additional crime in Maryland to administer a controlled substance to someone without their knowledge with the intent to commit a sexual offense (Md. Crim. Law §5-624); this prohibition explicitly does not include alcohol, however.
Maryland has taken steps in recent years to increasingly support survivors of sexual violence. Adult survivors do not have to report the incident to law enforcement to receive free medical care or forensic services, often referred to as a sexual assault forensic exam (SAFE) or rape kit, allowing individuals to seek help on their own terms and determine what is right for them after being victimized (MCASA, 2026). Minors may also choose not to report the incident to law enforcement, as long as the sexual violence was not Child Sexual Abuse (CSA), defined in Maryland as “sexual abuse, meaning an act that involves sexual molestation or exploitation of a minor, but a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor” (Md. Crim. Law §3-602). In Maryland, health care professionals are mandatory reporters of CSA, so they must report such abuse to law enforcement. (Md. Family Law §5-704). If the sexual violence does not qualify as CSA, a minor has the same capacity as an adult to consent to a SAFE kit without reporting the assault to law enforcement (Md. Health Gen. §20-102(c)(7)).
College campuses have a unique culture that may increase the occurrence of DFSA, as many social gatherings involve substance use. In Maryland, colleges and universities are required to maintain clear sexual misconduct policies, provide education on consent and prevention, and ensure access to reporting options and survivor resources (Md. Educ. §11-601). Furthermore, college campuses in Maryland have a Good Samaritan Rule that helps both survivors and witnesses. This rule insulates students from campus conduct action for violation of alcohol or drug use policies when they report an incidence of sexual assault or assist in an investigation of sexual assault (Md. Educ. §11-601). Many institutions also implement bystander intervention programs and campus security measures aimed at targeting this issue (MCASA, 2026). Creating safer campuses involves ongoing education, accountability, and commitment to survivor-centered practices.
Survivors of DFSA face unique challenges associated with the nature of their stories. If substances were involved, many fear not being believed or hesitate to seek help due to shame and stigma; they may also have difficulty recalling events due to impairment which may result in delayed reporting which can directly impact potential toxicology testing options and results (Henson, 2024). Healthcare providers, law enforcement, and advocates should provide empathetic, trauma-informed support that validates and respects survivors regardless of whether substances were involved, voluntarily or involuntarily, or not.
If someone in your life has been the victim of DFSA, remember how sensitive and complicated this can be. Believe and validate the survivor, and importantly, let them decide how they will proceed. If it is appropriate, connect them to resources in your community, but always respect their autonomy and choices. Survivors need support that is consistent and nonjudgmental. Society should embrace education surrounding consent, bystander strategies, and college campus and community awareness that will target this issue. It is never okay to use an intoxicating substance, consumed voluntarily or involuntarily, to facilitate sexual violence without someone’s knowledge or consent. As a community, we must come together to create a safer environment where no one is victimized in this way.
For more information on DFSA and college students, check out the recording from MCASA’s recent Virtual Campus Training on Responding to Drug-Facilitated Sexual Assault on College Campuses.
References
Drug facilitated sexual assault (2023). MCASA. Retrieved here.
Education Amendments Act of 1972, 20 U.S.C. §§ 1681–1688 (2018). Retrieved here
House Bill 496, 2026 Leg., Reg. Sess. (2026). Retrieved here.
Get the facts about drug facilitated sexual assault (2025, August 28). RAINN. Retreived here.
Getting medical attention (2026). Maryland Coalition Against Sexual Assault. Retrieved here.
Henson, Priscilla (2024, December 31). The Link Between Sexual Abuse and Substance Abuse. American Addiction Centers. Retrieved here.
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990, 20 U.S.C. § 1092(f) (2018). Retrieved here.
Md. Code Ann., Educ. §11–601 (1993). Retrieved here.
Md. Code, Crim. Law § 1-210 (2023). Retrieved here.
Md. Code, Crim. Law § 3-304 (2025). Retrieved here.
Md. Code, Crim. Law § 3-307 (2025). Retrieved here.
Md. Code, Crim. Law § 5-624 (2010). Retrieved here.
Recalde-Esnoz, I., Prego-Meleiro, P., Montalvo, G., & del Castillo, H. (2024). Drug-facilitated sexual assault: A systematic review. Trauma, Violence, & Abuse, 25(3), 1814–1825. Retrieved here.
