April 25, 2018

On YouTube, a new “prank” gained popularity recently. This “prank” involves a person slipping a “female Viagra” product to his significant other and recording her reaction. The trend seems to have gone viral after YouTube personality Ryan Hamilton claims to have slipped something in his girlfriend’s drink. In the video, it appears as though his girlfriend becomes aroused after ingesting the product and attempts to seduce him multiple times, even while visiting his parents’ house.

The prank elicited several copycat videos on YouTube, with many of the videos generating hundreds of thousands of views.

However, could attempting to pull off this “prank” result in you facing criminal charges for date rape?

What is the Crime of Date Rape? (PC 261)

Under California Penal Code Section 261, you could be convicted of rape if you:

  • Had sexual intercourse with the victim
  • The alleged victim did not consent to the sexual intercourse, and
  • The act was accomplished by threats, force, or fraud to induce the victim into engaging in sexual intercourse with you

The most common form of “date rape” is when you spike a person’s drink with a sedative drug, such as GHB, to lower that person’s inhibitions or make the person semi-unconscious. The victim would then be unable to physically resist sexual intercourse. Therefore, this act meets the elements of rape under PC 261 because a drugged person is unable to provide legal consent and the intercourse was accomplished by fraud.

So, does giving your unknowing partner a Viagra-like product constitute date rape?

Is “Female Viagra” a Date Rape Drug?

Female Viagra-type products are not considered date rape drugs because they are not meant to leave the person who takes them incapacitated. These products are meant to treat hypoactive sexual desire disorder and increase female sexual desire. These products do not make the taker hypersexual or cause her to do things she would not want to do.

YouTube videos acting out the “female Viagra” prank give the impression that the effect is near instantaneous after taking the product. However, the products do not take effect instantly. Instead, it could take as long as four weeks for a person to feel the effects of female Viagra-type products.

“It can’t work as a date-rape drug because it doesn’t have an immediate quality. It doesn’t knock you out,” Dr. Sheryl Kingsberg, a clinical psychologist and associate professor in the Departments of Reproductive Biology and Psychiatry at Case Western Reserve University School of Medicine in Cleveland, told Bustle.

Could You Be Accused of Date Rape for the Female Viagra Prank?

The inability of female Viagra products to render a female incapable of consenting to a sexual encounter means that you are unlikely to be convicted of date rape if you commit one of these “pranks.”

However, you need to know that there are some side effects of these products, including low blood pressure and passing out. If you engage in sexual intercourse with someone who has passed out, you could face rape charges under PC 261.

Contact the Rape Defense Lawyers at Wallin & Klarich Today

If you or someone you know has been accused of date rape, you should speak to an experienced rape defense attorney immediately. At Wallin & Klarich, our skilled criminal defense lawyers have been successfully defending clients accused of rape for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich rape attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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