The intentional use of substances to facilitate sexual assault

What is considered a substance-facilitated sexual assault?

Using drugs, including alcohol, to deliberately create a situation in which a person is incapacitated (and therefore cannot give consent) in order to pursue sexual contact or attention is substance-facilitated sexual assault. This can include spiking a drink with unknown drugs or adding unknown quantities of alcohol to someone’s drink. Oftentimes people consume drugs and/or alcohol willingly, but once they reach a point of incapacitation, they cannot offer true consent. Identifying someone to pursue a sexual relationship with while or because they are in this state is still substance-facilitated sexual assault.

Anyone who has been impacted by substance-facilitated sexual assault deserves support. Confidential, non-judgmental support is available at the Sexual Violence Prevention and Response Office (SVPRO).

Incapacitating others with drugs and/or alcohol is not a normal part of sexual activity. While this experience has been depicted as normal in popular and news media, it is actually sexual assault. It is not desirable and it is not funny.

Learn more through the Sexual Consent and Culture of Consent Canvas course or connect with the UBC Sexual Violence Prevention and Response Office (SVPRO).

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UBC policy on sexual misconduct

Consent to sexual activity requires conscious, voluntary agreement to engage in that specific sexual activity by all involved. According to UBC Sexual Misconduct Policy SC17, if someone is incapacitated due to drugs or alcohol, they cannot provide conscious consent.

Belief of consent is not an excuse if someone:

Believed they had consent due to their own intoxication
Knew, or reasonably should have known, the other person was incapacitated, asleep, or unconscious
Knew that the other person was unable to fully understand or agree to the sexual activity, due to the influence of alcohol and/or other drugs

What if I think someone might have done this to me?

If you are concerned someone may have deliberately incapacitated and/or sexually assaulted you, it is not your fault. If you are concerned your drink has been spiked, testing for commonly used drugs can only take place up to 8 hours after a drug is ingested. The tests do not look for less commonly used substances. Due to this, tests may not accurately reflect your experience. It is important that you know you do not need proof to deserve support. We believe you.

You can connect with confidential, non-judgemental support services through the UBC Sexual Violence Prevention and Response Office (SVPRO) or other community resources. SVPRO is a confidential place for those who have experienced, or been impacted by, any form of sexual or gender-based violence, harassment, or harm, regardless of where or when it took place. We recognize that you are the expert of your own experience and you get to decide what is right for you. We aim to be a safer space for all by respecting each person’s unique and multiple identities and experiences. All genders and sexualities are welcome.

If you would like to seek medical attention, you can find out more about medical options, including accompaniment to the special services at the hospital. You can also connect with a Support Specialist. If you would like to report an incident to UBC’s Investigations Office or police, SVPRO can discuss your options with you and provide accompaniment.

What if I am trying to help others who have experienced or could experience this?

If you find yourself in a situation where you witness a person who appears to be inebriated, or perhaps they are acting “normally”, but you have seen them consume a large quantity of alcohol and/or other drugs, this is a person who is not able to give consent to sexual activity. If it is safe and possible to do so, consider checking in with this person or who they arrived with to make sure they are cared for and able to get home safely.

If you're a friend or witness

Watch the Bystander Intervention YouTube video to learn more about intervening as an upstander, also known as an active bystander. If someone you know shares that they have been in a situation like this, you can support them by believing them. This can happen to anyone, so it is important to keep in mind that people of all genders can experience this type of harm. Check in with them to see what they need.

If you are concerned someone may have deliberately incapacitated and/or sexually assaulted someone you know, you can connect with confidential, non-judgemental support services at the UBC Sexual Violence Prevention and Response Office (SVPRO) or other community resources to discuss how best to support them and also to access support for yourself. SVPRO can offer services to all members of the UBC community who have been impacted by sexual violence and harm, including those who witness it or are supporting others.

If the person you are supporting would like to seek medical attention, you can find out about medical options, including accompaniment to the special services at the hospital. If the person would like to report an incident to UBC’s Investigations Office or police, SVPRO can discuss their options with them and provide accompaniment.

Information for event planners

If you are looking to create safer event spaces, consider doing the following:

Complete the Inclusive Event Planning Canvas module.
Fill out the workshop registration form to request the “Safer Parties: Consent Culture and Harm Reduction Tools for Organizers” training for your team.

In the "Safer Parties: Consent Culture and Harm Reduction Tools for Organizers" training, participants will have the opportunity to question assumptions around substances and consent, set standards for how we all deserve to be treated, counter victim-blaming, adopt collective safety and harm reduction approaches, and learn tools to set up a safer and more inclusive environment for all.

What if I think I, or someone I know, might cause or might have caused someone harm?

The best way to avoid causing someone harm when they are consuming alcohol and/or other drugs is to respect their wellbeing, boundaries, wants, and needs. Each of us is responsible for not causing harm to others when consuming substances ourselves. Clear communication is essential for any sexual interaction, but even more so when substances are used. We are more likely to misread signals when making assumptions based solely on their behaviour or appearance, especially when influenced by substance use.

Learn more about how our socialization can impact how we value and treat others through the Canvas courses below:

Contact UBC Sexual Violence Prevention and Response Office (SVPRO) to further discuss victim-blaming beliefs and misconceptions about substances and consent.

If you want to speak with someone about the experience of having caused harm and potentially work toward accountability and making repair, you can access confidential resources through UBC Counselling or by contacting UBC’s Respondent Resource Specialist. Learn more about how the Respondent Resource Specialist can help you through the Respondent Information Sheet (pdf).