Keir Starmer has announced that he will introduce new legislation to make the spiking of drinks a specific criminal offence. The legal changes sound harmless, but it is entirely unnecessary.
Drink spiking is clearly illegal under section 61 of the Sexual Offences Act 2003: someone commits an offence ‘if he intentionally administers a substance to, or causes a substance to be taken by, another person’ without consent, ‘with the intention of stupefying or overpowering’ them ‘to enable any person to engage in a sexual activity’ with the victim. The offence can lead to a ten-year prison sentence, or a longer custodial term if other crimes like robbery or sexual assault are involved.
It is a common vice of governments to resort to legislation as a public display of activity and commitment
The Prime Minister knows this. He was, after all, director of public prosecutions for five years and head of the Crown Prosecution Service. A Downing Street statement was explicit about the government’s motivation: the new legislation on drink spiking ‘will send a clear signal that this is a crime, and perpetrators should feel the full force of the law, empowering victims to report offences and giving them confidence the justice system will support them’.
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