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Who and Where Are the Druggers?

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Drink Spiking and Predatory Drugging

Abstract

This chapter examines the psychology and situational dimensions of tamperers and druggers. By drawing on forensic psychology, real-life cases are explored and the consideration of what type of assailant the drugger is. Several serial cases are examined along with contemporaneous local scares. One central question is why the press prefers a ubiquitous, factually unresolved threat to the sensational elements of serial cases in symbolizing drug rape. Certain threats to the success of jurisprudence are considered in relation to specific cases. Another is why we have lost sight of other motivations for spiking besides rape.

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Notes

  1. 1.

    Tylenol (made by McNeil Pharmaceuticals) is the leading brand of acetaminophen (paracetamol) in North America.

  2. 2.

    Curt Bartol and Anne Bartol, Introduction to Forensic Psychology: Research and Application, 4th Edition, Los Angeles: SAGE Publications, 2014.

  3. 3.

    These assailants are either Type 1 or 2. Type 1 “becomes” impulsive in adulthood in order to gain gratification as opportunity presents itself. Generally, Type 1 has basic social skills. Type 2 has been consistently impulsive and appears to others to lack self-control from an earlier age, and tends to be less socially competent. Of course, the Type 2 assailant can, in fact, control himself as he can keenly differentiate between situations that present opportunity and those that do not.

  4. 4.

    Types 6 and 7 are distinguished by level of social competence, with Type 6 being reticent and Type 7 being more socially competent; differences in occupational attainment may be relevant.

  5. 5.

    Michael Welner, “The Perpetrators and their Modus Operandi,” in LeBeau and Mozayani, 2001.

  6. 6.

    George J. Church; Lee Griggs and Rita Healy, “Copycats Are on the Prowl,” Time Magazine, November 8, 1982, Vol. 120, Issue 19. Nonetheless, when reviewing the history of the 1982 Tylenol crisis in 2009, Time Magazine used the “270 tamperings” number again: see Dan Fletcher, “A Brief History of the Tylenol Poisonings,” Time Magazine, February 09, 2009. http://content.time.com/time/nation/article/0,8599,1878063,00.html.; Deal, Marlene, “Product Tampering,” in Eric Hickey, ed., Encyclopedia of Murder and Violent Crime, (Thousand Oaks, CA: SAGE Publications), 2003, p. 368–370.

  7. 7.

    Barry Logan, “Product Tampering Crime: A Review,” Journal of Forensic Sciences, v. 38, no. 4, July 1993, p. 918–927.

  8. 8.

    John Douglas and Mark Olshaker, Anatomy of Motive, (New York: Scribner), 1999, p. 125–128.

  9. 9.

    I borrow this term from Sarah E.H. Moore, 2009, whose work I discussed in the last chapter. “Cautionary tales: Drug-facilitated sexual assault in the British media” Crime, Media, Culture, December 2009, 305–320.

  10. 10.

    Alec Foege and Jeff Schnaufer, “Trouble, Doubled,” People Magazine, April 28, 1997. http://www.people.com/people/archive/article/0,,20121960,00.html. Retrieved November 2, 2015.

  11. 11.

    W. Langley, “Date with the Devil,” Courier Mail (Queensland, Australia), September 13, 1997, Weekend Edition, 5. Retrieved via Lexis-Nexis, November 2, 2015.

  12. 12.

    Greg Krikorian, “2 Sentenced in ‘Date Rape Drug’ Attacks,” Los Angeles Times, August 6, 1997.

  13. 13.

    The People v. Steven Michael Hagemann, Defendant and Appellant, B155446, Court of Appeal of California, Second Appellate District, Division Two, 2003 Cal. App. Unpub. Lexis 1000, January 30, 2003, Filed.; The People, v. Danny Richard Bohannon et al. B115308, Certified for Partial Publication in the Court Of Appeal of The State Of California, Second Appellate District, Division Two, (Los Angeles County Super. Ct. No. YA029963) Filed July 31, 2000.

  14. 14.

    Ibid., and Krikorian, “2 Guilty in ‘Date Rape’ Drug Case; Courts: Ten women were drugged, assaulted at warehouse over two years in what is called biggest such crime in state,” Los Angeles Times, July 4, 1997, B1. Via ProQuest, retrieved November 7, 2015.

  15. 15.

    FindLaw, “Court of Appeal, Second District, California; The PEOPLE, Plaintiff and Respondent, v. Danny Richard BOHANNON et al., Defendants and Appellants; No. B115308; Decided: July 31, 2000.” http://caselaw.findlaw.com/ca-court-of-appeal/1130862.html. Retrieved November 4, 2015.

  16. 16.

    Tracy Wilson, “Court Considers Rape Suspect’s $10-Million Bail,” Los Angeles Times, December 3, 2000, B2. Metro. The complainant also says she had been drinking that night, though believes that the drugs were in the water she drank.

  17. 17.

    Margaret Talev, “Luster Says on Tape He Gave Woman Date-Rape Drug; Courts: But the rape suspect’s lawyer says it was at the woman’s request,” Los Angeles Times, September 3, 2000, Metro B.

  18. 18.

    Tina Dirmann, “Ventura County News; Bars, Police Put Spotlight on Date-Rape Drug GHB; Safety: Agencies look for ways to control its use and warn women about predators who slip it into drinks, leaving the victim vulnerable to attacks,” Los Angeles Times, August 18, 2000; “Regional Review … Police Expand Investigation of Man Suspected in Rape,” Los Angeles Times, July 22, 2000, B3 Metro.

  19. 19.

    Stephen Lemons, “The Great GHB-rape Scare,” Salon.com. http://www.salon.com/2000/08/17/ghb_2/. August 17, 2000.

  20. 20.

    Charlie LeDuff, 2003, “Cosmetics Heir Is Missing As His Rape Trial Proceeds,” New York Times, January 8. http://www.nytimes.com/2003/01/08/us/cosmetics-heir-is-missing-as-his-rape-trial-proceeds.html. Retrieved October 8, 2015.

  21. 21.

    Richard Winton, 2013, “Max Factor heir’s rape sentence reduced from 124 years to 50,” Los Angeles Times, April 16. http://articles.latimes.com/2013/apr/16/local/la-me-ln-luster-gets-50-years-20130416. Retrieved October 8, 2015. Luster’s sentence was eventually reduced to 50 years in state prison as the court had not given a reason for the unusual heaviness of the sentence.

  22. 22.

    Chawkins, 2013.

  23. 23.

    On Luster’s relationship to his victims and their experience with GHB: Tina Dirmann, “Ventura County News: Luster Denies Charges, Adding his Life is now a ‘Nightmare’,” Los Angeles Times, September 3, 2000. http://articles.latimes.com/2000/sep/03/local/me-14846. Retrieved October 8, 2015.

  24. 24.

    “A Date with Darkness: The Trial and Capture of Andrew Luster,” Lifetime Channel, August 2003. http://www.mylifetime.com/movies/a-date-with-darkness. See also http://www.imdb.com/title/tt0374600/. Retrieved October 9, 2015.

  25. 25.

    Elissa Hunt, “John Xydias likely to admit serial sex attacks,” Herald Sun (Melbourne, Australia), April 2, 2008. http://www.heraldsun.com.au/news/victoria/man-likely-to-admit-serial-sex-attacks/story-e6frf7kx-1111115949193. Retrieved November 2, 2015.

  26. 26.

    Adrian Lowe, “Brazen rapist jailed for 13 years,” The Age (Melbourne), May 13, 2010, First Edition, 3.

  27. 27.

    Kate Hagan, “Man jailed for 28 years for filmed rapes of drugged women,” The Age (Melbourne), July 1, 2009, First Edition, 3.

  28. 28.

    Lowe, “Brazen rapist …” 2010.

  29. 29.

    Robert Moran, “Impostor’s Trial on Rape Charges Goes to Jury,” Philadelphia Inquirer, June 8, 2007, B4.

  30. 30.

    Oliver Pritchard, “Man Acquitted of Three Rapes,” Philadelphia Inquirer, January 18, 2006, B3.

  31. 31.

    Robert Moran, “No rape on dates, hoaxer’s jury says,” Philadelphia Inquirer, Jun 14, 2007, A1.

  32. 32.

    Robert Moran, “Still No Verdict in Marsalis Rape Trial,” Philadelphia Inquirer, June 13, 2007, B3; “No Rape on Dates, Hoaxer’s Jury Says,” Philadelphia Inquirer, June 14, 2007, A1.

  33. 33.

    David Muir, “Accused Serial Rapist Speaks Out,” ABC News, August 29, 2013. http://abcnews.go.com/2020/video/accused-serial-rapist-speaks-8095440. Retrieved March 17, 2016.

  34. 34.

    State of Idaho V. Jeffrey Marsalis, Court of Appeals, 151 Idaho 872, 264 P.3d 979; 2011 Ida. App. LEXIS 74.

  35. 35.

    “Viral Video Warns How Easily Predators Can Drop Date Rape Drugs,” CBS News New York Local, June 11, 2015, http://newyork.cbslocal.com/2015/06/11/date-rape-drug-social-experiment; “YouTube Digest: Why Did This Man Put His Disastrous McDonald’s Marriage Proposal on YouTube?” Vanity Fair, June 5, 2015, http://www.vanityfair.com/culture/2015/06/youtube-digest-June-5. Both retrieved October 30, 2015.

  36. 36.

    Somnophilia need not be “predatory” if a willing partner engages in the fantasy; but I’m only concerned with the predatory version here where one party is forced into enacting the drama. See Anil Aggrawal, Forensic and Medico-legal Aspects of Sexual Crimes and Unusual Sexual Practices, Boca Raton, FL: CRC Press, 2009.

  37. 37.

    Raymond Corsini, “Predatory Paraphilias,” Dictionary of Psychology, London: Brunner-Routledge, 2002, 747.

  38. 38.

    The phrase appears to come from the 1996 Congressional testimonies, but was probably popularized by an episode of The Oprah Winfrey Show on January 6, 1998 (cited in Jenkins 1998, p. 180).

  39. 39.

    Dawn Moore and Mariana Valverde, “Maidens at Risk: ‘date rape drugs’ and the formation of hybrid risk knowledges,” Economy and Society, Vol. 29, No. 4, November 2000, 514–531.

  40. 40.

    Natalie Taylor, Jeremy Prichard and Kate Charlton, National project on drink spiking: investigating the nature and extent of drink spiking in Australia, Canberra: Australian Institute of Criminology, November 2004. AIC is a government agency.

  41. 41.

    Australian Government, National Drug Research Institute, Attachment A: Trends in alcohol use and harms across Australia, June 2012, Retrieved November 14, 2015. http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/publishing.nsf/Content/atiau.

  42. 42.

    Monika Boogs, “Police warn drink spiking rife in ACT,” Canberra Times, August 14, 2001. p. A1. Via Lexis Nexis, retrieved November 13, 2015. It is possible that the term “liquid ecstasy” referred to by the reporter early in this article, followed by later references to “ecstasy,” may have conflated MDMA (a stimulant) and GHB (a CNS depressant, sometimes called liquid ecstasy), though it appears that the alarm about spiking may have come from the ACT police anyway.

  43. 43.

    Jacquelin Magnay, and Roy Masters, “Date-rape warning as netballer tests positive,” Sydney Morning Herald, March 20, 2002, News 1.

  44. 44.

    Monika Boogs, “Sex attacks often go unreported in ACT,” Canberra Times, August 17, 2002. Via Lexis Nexis, Retrieved November 14, 2015.

  45. 45.

    Danielle Cronin, “Hotline to help research drink-spiking for national report,” Canberra Times, November 15, 2003, A9.

  46. 46.

    NSW Police Public Affairs Branch, “Drink Spiking: Myths and Facts,” December 2006, http://www.victimsservices.justice.nsw.gov.au/Documents/fact_sheet_drink_spiking_myths.pdf. Retrieved November 12, 2015. New South Wales includes Sydney.

  47. 47.

    Alexandra Neame, “Beyond ‘drink spiking’: drug and alcohol facilitated sexual assault,” Briefing No. 2, Australian Institute of Family Studies, November 2003, https://www3.aifs.gov.au/acssa/pubs/briefing/b2.html. Retrieved November 12, 2015.

  48. 48.

    Monika Boogs, “30pc of sex crime from ‘spiking’,” Canberra Times, March 23, 2002, A8. Via Lexis-Nexis Academic, retrieved November 13, 2015.

  49. 49.

    Renee Cutrupi, “Device aims to put lid on drink spiking,” Canberra Times, January 17, 2003, A9; Elicia Murray, “Drink-spiking cases double,” Canberra Times, May 22, 2003, A11. Via Lexis-Nexis Academic, both retrieved November 13, 2015.

  50. 50.

    Murray, 2003.

  51. 51.

    Coverage declined in 2005 (11 articles, with only 1 being about a specific incident), and in 2006, there were 15 articles, mostly nonspecific, 1 specific incident, and 2 about cases elsewhere. The year 2007 saw only 4 articles about the scene in Canberra, and 12 articles in total. Search via Lexis-Nexis Academic, November 18, 2015, using search terms “Canberra” and “spiking,” eliminating duplicates and topics unrelated.

  52. 52.

    Karen Ingram, “Alcohol-filled Formals leads to unsafe sex, assault,” Canberra Times, September 9, 2006, A1.

  53. 53.

    Anita Chaudhuri, “The Sky’s the Limit,” The Independent (London), September 21, 2011. http://www.independent.co.uk/life-style/the-skys-the-limit-1197606.html.

  54. 54.

    “Removalist sentenced for 3 rapes,” The Age (Melbourne), May 22, 2004. Retrieved January 19, 2016. http://www.theage.com.au/articles/2004/05/21/1085120117124.html?from=storylhs.

  55. 55.

    Diana Streak, “Clever Coaster Helps Fight Drink Spiking,” Canberra Times, April 19, 2005, A8. Via Lexis-Nexis.

  56. 56.

    “In Brief,” Canberra Times, March 16, 2006, A6.

  57. 57.

    “Drinks are spiked all over ACT,” The Chronicle (Toowoomba), August 14, 2007, p. A2. Via Lexis Nexis.

  58. 58.

    Nick Harding “The demonised drink: How has youth drinking evolved 20 years since the launch of alcopops?” The Independent (London), June 28, 2013. http://www.independent.co.uk/life-style/food-and-drink/features/the-demonised-drink-how-has-youth-drinking-evolved-20-years-since-the-launch-of-alcopops-8675342.html. Retrieved November 13, 2015.

  59. 59.

    Sharri Markson, “Youth call time on alcopop tax,” Sunday Telegraph (Australia), State Edition, May 25, 2008, Local 40. Via Lexis-Nexis Academic, Retrieved November 13, 2015.

  60. 60.

    Gerard McManus, “Alcopops tax defeated in the Senate after second vote,” Herald Sun, March 18, 2009. http://www.heraldsun.com.au/news/alcopops-price-to-drop-after-bill-defeat/story-e6frf7jo-1111119172860. Retrieved November 13, 2015.

  61. 61.

    Harding, 2013.

  62. 62.

    Paul Quigley, Dana Lynch, et al, “Prospective Study of 101 Patients with Suspected Drink Spiking,” Emergency Medicine Australasia, 21, 222–228, 2009. Methods: subjects presented to ER within 12 hours, clinical, lab, and historical data taken. GHB above the usual endogenous level (10 g/L) was considered positive. Around 88 % female.

  63. 63.

    “Party warnings;“Tis the season to be wary of drink spiking,” Canberra Times, November 16, 2003, A6.

  64. 64.

    Adam Burgess, Pamela Donovan, and Sarah E.H. Moore, “Embodying Uncertainty? Understanding Heightened Risk Perception of Drink ‘Spiking.’ ” British Journal of Criminology. 49: 6, 848–862, 2009.

  65. 65.

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  66. 66.

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  67. 67.

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  68. 68.

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  69. 69.

    ITV This Morning, “Crime Week poll survey results,” January 27, 2014. http://www.itv.com/thismorning/hot-topics/crime-week-poll-survey-results; “Drink spiking: Are we too careless?” January 28, 2014. http://www.itv.com/thismorning/hot-topics/crime-week-drink-spiking. Retrieved November 12, 2015.

  70. 70.

    Chris Flynn, “1 in 3 students say they’ve been spiked,” The Waterfront, November 18, 2013, http://waterfrontonline.co.uk/news/1-in-3-students-say-theyve-been-spiked. Retrieved January 18, 2016.

  71. 71.

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  72. 72.

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  73. 73.

    Images of Spike the Hedgehog are available as of January 2016 at: http://www.pigstystudio.co.uk/spike.html.

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  1. Bloomsburg, PA, USA

    Pamela Donovan

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Donovan, P. (2016). Who and Where Are the Druggers?. In: Drink Spiking and Predatory Drugging. Palgrave Macmillan, New York. https://doi.org/10.1057/978-1-137-57517-3_6

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  • DOI: https://doi.org/10.1057/978-1-137-57517-3_6

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