Dáil Éireann Debate, Tuesday - 18 April 2023
80. Deputy Aodhán Ó Ríordáin asked the Minister for Justice what progress he has made in progressing the offence of spiking as a stand-alone offence, consisting of administering a substance without consent for the purpose of facilitating a sexual offence, and punishable with a sentence of up to ten years imprisonment; and if he will support the campaign to recognise the need to separate such an offence from that of poisoning. [17927/23]
View answerSpiking a person’s drink is a very serious offences. Section 12 of the Non-Fatal Offences Against the Person Act 1997 provides for a general poisoning offence and already criminalises anyone who spikes a drink.
Section 12 of the 1997 Act applies to anyone who intentionally or recklessly administers a substance which is capable of interfering substantially with another person’s bodily functions, which explicitly includes inducing unconsciousness or sleep and would certainly encompass an intent to stupefy or overpower.
It is important to emphasise that where a sexual assault (which carries a 10-year maximum sentence) or rape (which carries a maximum of a life sentence) has taken place, then this may clearly be charged separately.
Another relevant offence is attempt to commit a rape or sexual assault. While this is a complex area of law, for present purposes an attempt occurs when the perpetrator takes sufficiently proximate steps towards the commission of the crime, and has the intent to complete the crime. The same maximum sentences apply where there is an attempt to commit a rape or a sexual assault.
A stand-alone offence, as proposed by the Deputy is, in effect, poisoning with an additional element of an intent to commit a sexual offence.
I have discussed this with the Deputy before during the Report Stage of the Criminal Justice (Miscellaneous Provisions) Bill 2022 and I can fully understand the Deputy’s motivation.
If the poisoning is used to actually commit a sexual offence, then that offence should clearly be charged, and would carry the penalties that I’ve set out. If the intent to commit a sexual assault is present and can be proven, then an attempt charge arises. If intent cannot be proven, then poisoning is charged.
The practical difficulties are clearly proving the poisoning has actually taken place, who committed it, and that the intent to take advantage of the victim’s drugged state is present. It is possible that the final intent element of a new offence would actually make it significantly more difficult to prosecute this heinous crime, and result in fewer prosecutions or fewer convictions.
As I stated recently in the Dáil, I hope to receive further information and observations in this area from the Garda Commissioner.
Finally, I would urge anyone who may have been a victim or who may have witnessed an incident of this type of crime – assault or sexual assault – to report it to the Gardaí, and they can be reassured that it will be pursued with the utmost seriousness.
