Legal Question in Criminal Law in Ohio

Daughter was drugged and raped

My daughter and her girlfriend went to a college campus

party - both were drugged with what we are assuming is

GHB drug. My daughter was later raped by a student.

No tests were given after going to the clinic the next day. They administered her the day after pill for 2 days. Nice

easy abortion - hide it under the rug for the college.

Her girlfriend, who was totally incapasitated, was left

near some trees on campus - because she could not

walk or talk - only to be found by another student, who

took her into the union and set her in a chair - where

she was found by someone who lives in her dorm, that

helped her back. Later she drove to another college

where she woke up 10 hours later not knowing where

she was - to find out she was found by the police

in the parkinglot at 5:00am - (after wetting her pants

twice) - they did a sobriety test on her-that she passed.

Called her friends to come down and get her. Later that day-drove back to her college - Yes - they NOW know the students that they believed drugged them - and the one that raped my daughter --- only to be told with no evidence nothing can be done .......Which I highly doubt !

Please help us --


Asked on 4/18/06, 12:07 pm

3 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Daughter was drugged and raped

If you cannot get the prosecutors to charge, your daughter can always sue civilly those responsible. By attacking civilly you act as the fact finder and could un-earth facts which ultimately lead to prosecution. This is going backwards from how cases usually work, but the civil standard is lower than the criminal, so it's easier to win. Do not give up as there is much you can do yourself. Contact me directly if you like. 216.952.1990

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Answered on 4/18/06, 11:23 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Daughter was drugged and raped

One law enforcement problem on "date rape drug" cases is that the victim has to be tested for it very quickly after the fact. I have been told that testing must occur within 5-7 hours (blood test) or 12-20 hours (urine test), but the quicker the better) or remnants of the drug will not even show up on a test. It's tough to prove that an adulterant was given to someone without that kind of lab confirmation even if their appearance/behavior strongly suggest that someone "slipped them a mickey".

Proving "who done it" may be tough. The victims probably do not remember the events, least of all the faces and IDs. Eye witnesses to the actual CSC events may be tought to find. Then you may be left to forensic evidence .... CSI stuff ... like body fluids, hair samples, etc.

Criminal sexual conduct charges (based on the victim not consenting or being capacitated) do not require lab proofs. Eye witnesses can talk about how the victims looked/acted/appeared as evidence that they were too intoxicated/incapacitated to give consent.

If police are not helpful, talk to your local prosecutor's office's crime victim assistance unit, and the assistant prosecutors who handle their sex crime cases. They might be able to intervene to get the investigation moving, give guidance, etc., even if charges are never brought.

Don't give up yet. Good luck!

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Answered on 4/18/06, 1:51 pm

Re: Daughter was drugged and raped

Mr. O'Brien's response is correct. Only prosecuting attorneys can press criminal charges. If you local county prosecutor won't move forward, you can always contact that office of the Attorney General in Lansing. They can also prosecute a case.

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Answered on 4/18/06, 2:30 pm


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