What Happens if You Give Someone a Date Rape Drug?

 Posted on November 13, 2025 in Criminal Defense

In Texas, giving someone a drug without their consent is one of the most serious accusations you can face. These cases often involve additional accusations of sexual assault or trying to commit sexual assault. Even being accused of giving someone a so-called "date rape drug" can destroy your reputation, career, and freedom.

If you are under investigation or charged with giving someone a date rape drug, you need a good Plano criminal defense lawyer right away. At The Crowder Law Firm, P.C., we are not afraid of the prosecutors or allegations of serious crimes. We fight for every client. Call us today. 

What Counts as a "Date Rape Drug?"

Texas law does not define giving someone a "date rape drug" as a specific crime. Instead, prosecutors file charges under different sections of the Texas Penal Code depending on what allegedly happened.

You can be charged under Texas Penal Code §22.011 for sexual assault if you are accused of using a drug to have sex with someone without their consent. If you are accused of giving someone an illegal substance such as GHB ("liquid ecstasy," "g," or "georgia home boy"), Rohypnol ("roofies," "la rocha"), or ketamine ("k," "k-hold," or "special k"), prosecutors may charge you for delivery of a controlled substance. You could also face charges for adding a drug to someone’s drink.

What Happens if You Give Someone Roofies in Texas?

The penalties depend on the facts of the case and the specific charges, but in almost all circumstances, they are felony-level crimes under Texas law.

• Delivery or possession of GHB, Rohypnol, or ketamine is usually charged as a serious felony, often second-degree or higher, with potential prison time up to 20 years or more depending on the amount and circumstances, and up to $10,000 in fines.

• Using one of these drugs to commit sexual assault is a first-degree felony, punishable by five to 99 years or life in prison and fines up to $10,000.

• If the alleged victim is under 17, the penalties can be even harsher, and probation is rarely an option.

A conviction also brings permanent consequences, including mandatory sex offender registration, which can affect where you live, work, and travel.

How Do Prosecutors Try to Prove Date Rape Drug Cases?

In these cases, prosecutors rely on lab tests and witness statements. Toxicology reports showing traces of a drug in the alleged victim’s system are common. Investigators may also use video footage from bars or restaurants. They will try to use text messages or social media posts to suggest intent. Sometimes, they will find statements from witnesses who claim to have seen someone handle a drink.

But these cases can be very difficult to prove and prosecutors know it. Many drugs leave the body within hours, making toxicology results unreliable. Memory gaps, alcohol, and he-said-she-said situations can complicate a case. A skilled defense lawyer can challenge whether there is enough proof of intent, whether consent was actually impaired, and whether law enforcement followed proper procedures.

Call a Collin County, TX Criminal Defense Lawyer

At The Crowder Law Firm, P.C., our Plano criminal defense lawyer has years of experience defending clients in serious felony cases. We will examine every detail of the evidence, challenge weak claims, and fight to protect your reputation and freedom.

Call 214-544-0061 today to schedule a confidential consultation.