Its an offence for a person (A) intentionally to administer a substance or to cause any substance to be taken by another person (B) where A knows that B does not consent to taking that substance and where A intends to stupefy or overpower B so that any person can engage in sexual activity involving B.

- Intentionally
- Administered a substance
- Or caused a substance
- To be taken by another person
- Knowing they did not consent
- With the intention of stupefying/overpowering them
- So as to enable any person
- To engage in a sexual activity involving them

Up to 10 years imprisonment

The offence is intended to cover use of so-called "date rape drugs" administered without the victims knowledge or consent, but would also cover the use of any other substance with the relevant intention. It would cover A "spiking" Bs drinks with alcohol where B did not know he was consuming alcohol, but it would not cover A encouraging B to get drunk so that A could have sex with B, where B knew that he was consuming alcohol.

The substance may be administered to B in any way, for example, in a drink (as in the example given above), by injection or by covering Bs face with a cloth impregnated with the substance.

The offence applies both where A himself administers the substance to B, and where A causes the substance to be taken by B, for example where A persuades a friend (C) to administer a substance to B, so that A can have sex with B, because C knows B socially and can more easily slip the substance into Bs drink than A can.

However, the intended sexual activity need not involve A. In the example given above it could be intended that C or any other person would have sex with B.