During spring break, many Florida coastal cities come to life with students looking for sunny beach days and vibrant nightlife. But in the blink of an eye, a fun night out can take a turn for the worse. Imagine this: you go out with friends and after just a drink or two you don’t feel like yourself. You feel much more intoxicated than you are; the night starts to get blurry, and then the next thing you remember is waking up at home or in an unfamiliar place with no recollection of how you got there.
While most college students have heard of drug-facilitated sexual assault (more commonly known as “date rape”), in the moment and under the influence, many feel confident that it will never happen to them. Sadly, that false sense of security does not stop drink-spiking or date rape from occurring.
The Worst-Case Scenario
In 2021, two spring breakers drugged and raped a tourist they met while out at a restaurant in Miami Beach. Police later found the 24-year-old woman dead in her hotel room, likely due to complications from the pill she was given. In that case, the perpetrators were charged with sexual battery, among other crimes. If the woman’s death is ultimately linked to the pill she was given, they may face murder or manslaughter charges.
While this is the worst-case scenario, it is important to recognize that less severe outcomes of drink-spiking occur more frequently. Drugs commonly used to spike drinks, often referred to as “roofies,” are powerful sedatives that quickly incapacitate victims, leaving them confused, disoriented, and unable to defend themselves. These drugs make individuals particularly susceptible to sexual assault, as they are mentally and physically impaired, unable to consent, and often have little to no memory of the assault.
Common drugs used to spike drinks include Ketamine, Rohypnol (flunitrazepam), and GHB (gamma-hydroxybutyrate). These substances are fast-acting, colorless, odorless, and tasteless, making them nearly impossible to detect in a drink, especially in dark environments like clubs, bars, and parties. While the outcome may not always be as tragic as death, the trauma of being drugged—whether the effects are mild or severe—can still have lasting emotional, psychological, and physical consequences.
Symptoms of Ingesting a Spiked Drink
Part of what makes being roofied so scary is that it can happen to anyone. While the effects of roofies can vary, generally a sudden and drastic change in behavior or physical state is a major red flag. If you start to feel dizzy, drowsy, confused, or nauseous after just one or two drinks, your drink may have been spiked. A loss of memory is another common and frightening symptom of consuming a spiked drink. Symptoms of being roofied can continue to the next day, including a persistent headache, confusion, fatigue and general weakness. If you experience these signs, or notice them in a friend, seek help right away.
What Should You Do If You Were Roofied?
If you are out at a club, bar, or party and suspect you have consumed a spiked drink, notify someone—a friend, security guard, or police officer—and try to get somewhere safe as soon as possible. To reduce the risk of being roofied, always keep an eye on your drink and never leave it unattended.
While these safety tips are important, preventing drink-spiking is not solely your responsibility. If you suspect that you were roofied, there are both criminal and civil avenues for seeking justice. In addition to criminal charges against the perpetrator(s), you may have a civil claim against the establishment where the incident occurred.
If You Believe You Were Roofied, Here Are the Steps You Should Consider:
- Seek Immediate Medical Attention: If you feel disoriented or unwell, it’s crucial to get medical help as soon as possible. Medical professionals can test for drugs in your system and ensure your safety. In the event of a suspected sexual assault, healthcare providers can administer necessary treatment and perform examinations that will gather and preserve evidence that may become crucial in future legal matters.
- Report the Incident to the Police: If you believe your drink was spiked, report it to the police. This is important for both your safety and for initiating an investigation.
- Document Everything: Keep a record of what happened. If possible, take note of what you drank, where you were, who was with you, and any other relevant details about the night. This information could be important if you pursue a legal claim.
- Consult with an Attorney: If you suspect you were roofied and want to explore legal options, a personal injury attorney with experience in premises liability, negligent security, and vicarious liability cases can help. They can assess whether the establishment failed to take reasonable steps to protect your safety and advise you on how to proceed with a claim.
Holding Establishments Accountable
Under Florida law, bars, clubs, and restaurants have a duty of care to maintain a reasonably safe environment for all patrons. This means that establishments must take steps to protect their patrons from potentially dangerous situations. If an establishment knows, or should know, that there is a risk to the safety of its guests—such as a patron spiking drinks—they are legally required to act. This may include removing the dangerous individual or taking other measures to prevent harm.
If you suspect your drink may have been drugged by a bartender or employee of the establishment that sold and served your drink, you may have a civil claim for vicarious liability. In Florida, vicarious liability means that an employer can be held responsible for the actions of its employees if those actions occur within the scope of their employment. If a bartender or employee intentionally spikes a drink, or is negligent in serving alcohol, and their actions lead to harm, the establishment could be held liable.
Be Safe and Vigilant During Spring Break
While spring break should be a time of fun and relaxation, it’s crucial to stay vigilant and protect yourself and your friends from the dangers of drink-spiking. If you suspect you've been roofied, taking immediate action can help ensure your safety and hold the responsible parties accountable.