Changing scenarios on rape
Timothy
Appleby, Globe and Mail, Nov 22 1997
KNOCKOUT
Alarm bells are sounding as the use of date-rape drugs in the
U.S. spreads northward..
As
grim headlines about date-rape drugs appeared across the Southern
United States in 1995 and 1996, Metro Toronto police looked on
with some alarm.
"We
were bracing ourselves," recalled Staff Inspector Ken Cenzura,
who heads the force's member sexual-assault squad. "We're
well aware of the near-epidemic they had."
Thus
far, no comparable flood appears to have occurred in Canada -
even as abuse in the United States spreads steadily northward.
But
a lack of national data, along with the notorious difficulty of
detecting such drugs, makes it hard to be sure. So too does the
perennial distinction between a rise in crime and a rise in reported
crime, particularly when it involves sex offences.
What
is clear, from anecdotal but persuasive evidence gathered by police
and urban rape-crisis centres across the country, is that while
there have been just a handful of convictions, the rapist's Mickey
Finn is surfacing with regularity.
"We're
seeing it," Staff Insp. Cenzura said. "We've had two
in the last couple of weeks, and there was one a few months ago."
Three
drugs have drawn particular attention. One is the sleeping pill
Halcion, available by prescription, and used as a knockout drug
by a Toronto man who was described at his January sentencing as
"arguably the most pernicious and persistent serial rapist
in Canadian history."
The
second is a street drug --- legal in Canada --- named gamma hydroxy
betyrate (GHB) that can be purchased in some health-food stores;
or mixed up from a recipe found on the Internet.
And
the third is the colourless, odourless sedative Rohypnol, with
its amiable-sounding nickname "roofies." Manufactured
by the pharmaceutical giant Hoffman-LaRoche Ltd. and sold in more
than 80 countries, Rohypnol is not legally available in Canada
or the United States, but rather is smuggled across the Mexican
border by the boxful.
Whether
by rapists or other drug abusers, the illicit use of Rohypnol
has become a public-relations nightmare for Hoffman-LaRoche in
the United States.
In
the case of all three three drugs, the thread that runs through
victims' uncertain accounts is of amnesia: Memory blackouts accompanied
by a gnawing sense that something awful occurred.
"We've
had 10 or so cases in Toronto in the past two months that are
very suspicious, but this is very difficult to get at," said
Mary Addis, director of the Women's College Hospital sexual-assault
centre in Toronto.
"There's
been enough of an increase over the past couple of years for us
to notice," echoed Lorraine Parrington of the sexual program
at Winnipeg's Klinic Community Health Centre, where she is aware
of 20 to 25 cases in that time.
"We
are concerned," said Kathi Cridland, director of Saskatoon's
Sexual Assault and Information Centre. "We have had victims
come in who know they are definitely missing chunks of time."
Kathy
McIntosh, co-ordinator of the sexual assault centre at the Hotel-Dieu
Grace Hospital in Windsor, Ont., gauges that she sees one such
case a month, perhaps reflecting the proximity of Detroit.
"People
are coming forward more than they used to," she said. "I
don't believe that it's happening more, though for a long time
I was the only one in Ontario who seemed to be hearing about it."
But
after a local newspaper story this spring, Ms. McIntosh fielded
inquiries from as far afield as Nova Scotia and McGill University
in Montreal.
In
Calgary, too, alarm bells have rung, manifest in police seminars
where officers are taught about roofies and other drugs.
Rohypnol
has also reportedly surfaced at Simon Fraser University in Burnaby,
B.C., and elsewhere in the province.
Experts
stress the difficulty of detecting date-rape drugs in the hours
or days after an assault. Women who have been attacked commonly
delay reporting their trauma.
"People
wake up and can't remember what happened," Ms. Addis said.
"They think, 'I must have drunk too much.' And often it takes
coming in and talking with our nurse to sort it out and find out
that the alcohol wasn't the issue at all."
As
well, drug screening, by necessity, is highly specific. Unlike
an airport X-ray machine that can scan everything in a suspicious
suitcase, drug testing involves hunting for a particular substance
in a blood or urine sample.
Rohypnol,
for instance, is a benzodiazepene, in the same family as Valium,
Librium and Halcion. As such, it has similar qualities, although
its potency is about 10 times that of Valium. But without a Rohypnol-specific
test, its presence will not register.
Hence
the caution of pharmacist Joel Mayer, who leads the toxicology
section at Toronto's Centre of Forensic Sciences. "There's
something going on, anecdotally it's there, though we have not
seen a dramatic increase" he said of date-rape drugs.
'But our experience may not uncover the true picture. We have
not done complete testing on all cases, and we have not had all
the cases come in. So we have a very skewed and limited sample
here."
Few
suggest Canada is yet mirroring what has happened in the United
States, notably Florida, Texas and California, a mounting outcry
about date-rape drugs prompted President Bill Clinton to sign
special legislation last year, imposing up to 20 years imprisonment
for possessing Rohypnol for a criminal purpose.
The
law's impact has been limited, said assistant state attorney Bob
Nichols of Broward County, Fla. While Rohypnol use in Florida
has leveled off, elsewhere it appears to be on the rise.
"In
the United States and Europe, it's growing," he said. "Absolutely.
It's slowly working its way up to New York and Connecticut and
New England. And in England, Scandinavia and Germany, it's becoming
a huge problem."
In
Canada, Rohypnol is listed under Schedule 4 of the Controlled
Drug and Substance Act, which in April consolidated and replaced
earlier legislation. That makes it an offence to import or traffic
in Rohypnol, but stops short of outlawing simple possession.
Mr.
Nichols, who recently tried to get Rohypnol reclassified in Florida
as a dangerous Schedule 1 drug, voiced astonishment at the leniency
of Canada's law.
"Beware
Rohypnol. The Latest Rape Drug," warns a recent pamphlet
from the University of Toronto's faculty of nursing. And indeed,
wariness is about the only defence against the small, flesh-coloured
pills, which retail on the street for $2 or $3. They are also
used as recreational drugs, and to combat drug hangovers.
Battling
an avalanche of bad publicity, Hoffman-LaRoche has for months
been working at the costly task of changing the pill's colour
to green, worldwide, and adding a coating to make it dissolve
more slowly.
It
has also been actively working with sexual-as-assault counsellors,
said Beth Wanlin, manager of public relations for Hoffmann-LaRoche
in Canada, contending that her company has been given a bad rap.
"What
we have learned through our own investigations is that it is quite
clearly not Rohypnol that is the problem." Ms. Wanlin said'
(contradicting a colleague in her office who described Rohypnol
"the drug of choice, for people who want to abuse it."
'There are other drugs that are being used in this fashion."
As
proof, Ms. Wanlin cites: some US statistics Over a 14-month period
in 1996-97, a nationwide project by Hoffman-LaRoche tested the
urine of 345 women who feared they had been sexually assaulted
after being surreptitiously drugged.
Just
four tested positive for Rohypnol.
But
there were questions about that test, conducted at a lab in Mississippi,
and chief of the was the issue of timing. How fresh or stale were
samples?
"Rohypnol
has a half life of up to 36 hours or so," Ms. Wanlin said.
"You'd probably have 2 1/2 to 3 days to catch it."
Mr.
Mayer the pharmacist disagrees.
"Twelve hours past the ingestion, you're looking at a diminished
likelihood of detecting it," he said. "Beyond 24 hours
it gets very difficult, if not impossible."
Investigators
face other hurdles.
"A
lot of these woman aren't going to the police, and part of it
is because they've blacked out for much of it they don't have
any details," said Ms Parrington of Winnipeg. "People
talk about vague images, and some people seem to gain a little
more [clarity] over time. But without a memory of the event, how
do you go forward to the police? And how can they investigate?"
Where
there have been prosecutions --- chiefly in Ontario --- the evidence
has sometimes been horrifying .
The
case of murderer Paul Bernardo was one: Halcion was used to drug
Karla Homolka's sister Tammy, before she choked to death on her
vomit.
Another
involved Toronto serial rapist Selva Subbiah, jailed in January
on 23 concurrent 20-year terms for drugging and raping scores
of young women. He too used Halcion.
So
did Brampton rapist Edward Robinson, jailed in August for 14 years
for a string of similar offences. This month, a 21-year-old Toronto
man was charged with sexually assaulting a 14-year-old girl, who
told police he spiked her drink at a party. In that instance,
the drug BHG, in liquid colourless form, has been cited.
BHG
is also suspected in another Toronto incident this month, which
saw a young woman drugged and then attacked by a man she met at
a downtown dance club.
"She
describes remembering bits and pieces of the evening," said
Detective Jane Wilcox of the sexual-assault squad. "She indicated
to us that something was in some juice she drank."
Caution
must be the watchword, Det. Wilcox said. "Don't leave your
drink unattended, and don't accept drinks from anyone but the
bartender. It used to be 'Watch my purse.' Now it's 'Watch my
beer.'
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