4.2.12 WC: 191694 Rape by cocaine? Is it possible for a man to rape a woman even if he uses no force, she offers no resistance and appears to consent? The answer is yes. Under the law, her consent must be freely given and not the product of drugs, alcohol or other factors that may negate voluntary consent. This is especially so, if the drug was administered to her by the alleged rapist without her knowledge. This is a serious problem not only when “date rape drugs” are slipped into an unsuspecting woman’s drink, but when men deliberately get their dates drunk in order to lower their resistance. In the former situation the law is clear: It is not only rape; it is also a separate crime to drug a person against their will. In the later case, the law is less clear: A woman is generally deemed responsible for her own decisions—to drink, to get drunk, to agree to sex—but if a man takes unfair advantage of a woman’s drunkenness, he may cross the line into rape. It’s very much a matter of degree. Several years ago, I worked on a case raising these difficult issues. My client was an accountant in a Western state, who had a reputation for seducing female secretaries who worked for him. Seduction, of course, is not a crime, although it may constitute sexual harassment if the seduce works for the seducer. In this case, the accountant’s office was set more for up for seduction than for work. It was light on books and heavy on thick, plush rugs, couches, pillows and a fully stocked bar. On the evening at issue, a young secretary stayed late after work and had dinner and several drinks with her boss and a few of his friends. When the other guests left, they remained behind. He walked her into his office. She laid down on the rug. He undressed her, performed oral sex on her and then engaged in sexual intercourse. She did not object, and she appeared to be consenting—as others had apparently done in that office. During the sexual encounter he asked her if she was using birth control