Empowering the Fight Against Covert Drugging: Montana Law Amplifies Legal Stance on ‘Date-Rape Drugs

In a substantial legislative move, Montana enforces a new law designed to strengthen policies surrounding the use of so-called “date-rape drugs,” elevating the legal stance against covert drugging in instances of sexual assault. The modification in the state’s assault laws, endorsed in a rare wave of nearly unanimous bipartisanship during Montana’s 2023 Legislative Session, takes a stern position against individuals utilizing one of three prevalent chemicals to incapacitate victims prior to launching a physical or sexual assault.

Historically, the act of drugging someone was not classified as an assault in its own right. However, the recent legal adjustments, which officially came into effect this month, redefine this, broadening the perspectives and tools available to legal authorities in addressing such offenses.

Matt Jennings, a deputy attorney from Missoula County, emphasizes the intrinsic challenges in investigating crimes involving drug-facilitated assaults, often unfolding in dimly lit, densely populated bars and not invariably culminating in a physical assault. The new legislation thus creates an expanded framework for police and prosecutors to hold offenders accountable, even in the preliminary stages, potentially preventing the escalation into further criminal acts. Jennings highlights, “This [law] could be a pivotal resource during the initial stages – enabling us to intervene, perhaps preventing further occurrences and maintaining accountability even if the actions don’t progress to more severe levels.”

Dana McNeil, a Police Captain from Bozeman, pointed out that alcohol remains the most exploited substance in drug-facilitated assaults. However, the body rapidly processes the drugs specifically targeted by the newly installed law, rendering the substantiation of an assault complex unless tests are conducted shortly after the drugging event. “We will perpetually investigate and extend our assistance,” stated McNeil, urging that the first action for anyone suspecting they have been a victim of such an act is to “immediately contact us.”

In addition to bolstering legal countermeasures against offenders, McNeil encourages community vigilance, advising individuals to safeguard their friends and remain watchful of their drinks. He further notes that, despite the new legislation, reports of drug-facilitated assaults continue to be seldom.