Drug facilitated sexual assault is never your fault.
Here's what you need to know, and what your options are.
Whether you were drinking, chose to use a substance, or had something put in your drink without knowing, the law is clear: if you were unable to consent, it was sexual assault. Responsibility lies entirely with the person who assaulted you.
This page explains what drug facilitated sexual assault is, what the law says, your rights, and the options available to you, wherever you live in Canada. Whether this just happened, happened a long time ago, or you're here to learn or support someone else, you can take what you need and come back anytime.
If this just happened
Some drugs leave the body within hours, so if you think you might want testing, sooner is better. If you can:
- Get somewhere safe. If you are in danger or need emergency medical help, call 911.
- Save your first urine. If you can't get to a hospital right away, collect it in a clean container with a lid and bring it with you.
- Hold off on showering, eating, drinking, or changing clothes. If you already have, you can still get care.
- Keep what you can. Put clothing in a paper bag, and keep any cups, glasses, or bottles you drank from.
- Write down what you remember, even if it's only pieces.
It is never too late to get care or support. If this happened days, months, or years ago, you still have options.
What is drug facilitated sexual assault?
Drug facilitated sexual assault (DFSA) happens when someone uses alcohol or drugs to make another person unable to consent, resist, or remember, so they can sexually assault them. In these situations, the substance is being used as a weapon, and the responsibility lies entirely with the person who used it.
DFSA is more common than many people realize. One Canadian study found that about one in five people who went to a hospital-based sexual assault treatment centre were believed to have experienced it.1
DFSA usually happens in one of two ways:
Someone puts a drug in a person's drink, or gives them alcohol or drugs on purpose until they can no longer make choices for themselves.
Someone takes advantage of a person who is already drunk, high, or incapacitated.
This is the type police see most often.
Both are sexual assault under Canadian law.
What substances are used?
- AlcoholThe most common substance used in DFSA.
- Street drugsMarijuana, cocaine, amphetamines, MDMA/MDA (also called "ecstasy" or "molly")
- Over-the-counter medicineAntihistamines, cough syrup
- Prescription drugsAnti-depressants, pain medication, muscle relaxants
- So-called "date rape drugs"Rohypnol and GHB
Signs you may have been drugged
Many people aren't sure what happened, especially when there are gaps in their memory. Common signs include:
- Memory gaps, or not being able to remember parts of the night
- Feeling much more intoxicated than expected for what you had
- Sudden dizziness, confusion, sleepiness, or feeling sick
- Waking up somewhere unexpected, or with someone unexpected
- Clothing that was moved, missing, or put on differently
- Pain, soreness, or injuries you can't explain
You don't need to be certain something happened to get care or support.
What the law says
The Criminal Code of Canada applies everywhere in Canada, so these protections are the same in every province and territory.
Consent
Section 273.1Under section 273.1, consent means the voluntary agreement to engage in the sexual activity in question.
A person cannot consent if they are unconscious, or if they are too impaired by alcohol or drugs to understand what is happening or to make a choice.
Intoxication is not an excuse for the accused
Section 273.2Under section 273.2, a person accused of sexual assault cannot claim they believed there was consent if that belief came from their own intoxication.
Drugging someone is a separate crime
Even when a sexual assault is difficult to prove, giving someone a drug can lead to its own charges:
Giving, or attempting to give, someone a stupefying or overpowering drug in order to commit an indictable offence.
Maximum sentence: life in prisonGiving someone a poison or harmful substance.
Maximum sentence: 14 years if done to endanger their life or cause bodily harmThere is no time limit to report
There is no time limit for reporting sexual assault to police anywhere in Canada. You can report days, months, or years later.
Your rights
Under the Canadian Victims Bill of Rights, which applies across Canada, you have the right to:
Support services such as counselling, advocacy, and crisis lines are also available to you at any time, whether or not you report.
If charges are laid
The law includes protections specific to sexual assault cases:
Your options
There's no right order and no timeline you have to follow. Take what makes sense for you right now, and come back for the rest when you're ready.
Many hospitals across Canada have specialized programs for people who have been sexually assaulted, often with specially trained nurses, sometimes called Sexual Assault Nurse Examiners (SANEs). They can treat injuries, test for drugs, help prevent infections and pregnancy, and collect evidence in case you choose to report now or later.
Not every hospital has a specialized program. If you're not sure where to go, go to your nearest emergency department and tell them you think you were drugged and sexually assaulted. You can also call your province or territory's victim services, or 211, to find the closest specialized program.
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Getting medical care does not mean you have to report to the police. In many places, you can have evidence collected and decide later. How long evidence is stored is different in each province and territory, so ask the hospital how long they will keep yours.
You can report to your local police service, or to the RCMP in areas they serve. You can report in person or by phone, whether it happened recently or years ago. Memory gaps do not prevent you from reporting.
Learn More βIf charges are laid, knowing what to expect can make a real difference.
Learn More βMost provinces and territories offer free, confidential legal advice for survivors of sexual violence. A lawyer can explain your rights and options so you can decide what's right for you. In most programs, you don't need to report to the police first.
Hours, age limits, and who can use each program are different depending on where you live.
See the chart below βFree legal advice by province and territory
Please note: This is a non-exhaustive list of free legal advice services available to survivors of sexual violence, intimate partner violence, and other related crimes in each province and territory. Programs, eligibility, and contact information can change, and this list may be outdated. We recommend contacting a service directly to confirm any of the information shared on this webpage.
| Province / Territory | Program | Free advice | Who can use it | How to access |
|---|---|---|---|---|
| British Columbia | Stand InformedCommunity Legal Assistance Society | Up to 3 hours | Anyone sexually assaulted in BC who lives in BC, any age, gender, or income. No police report needed. | |
| Alberta | Independent Legal Advice for Survivors of Sexual ViolenceElizabeth Fry Northern Alberta | Up to 4 hours plus legal clinics |
Adults 18+ who live in Alberta and experienced sexual violence in Alberta. | |
| Saskatchewan | The Listen ProjectPublic Legal Education Association of Saskatchewan | 2 hours plus 2 more on request |
Anyone who experienced sexual violence in Saskatchewan, any age or gender. No police report needed. | Text: 306-500-6430 |
| Manitoba | No dedicated program at this time | β | The Community Legal Education Association (CLEA) may refer you to a lawyer for a free 30-minute consultation. Manitoba Justice Victim Services can also help. | CLEA: 204-943-2305 or 1-800-262-8800 Victim Services: 1-866-484-2846 |
| Ontario | Independent Legal Advice ProgramDelivered by the Barbra Schlifer Commemorative Clinic | Up to 8 hours by phone or video |
Ages 16+ who live in Ontario and/or where the offence happened in Ontario. Covers sexual offences, intimate partner violence, and human trafficking. No police report needed. | |
| Quebec | RebΓ’tirLegal Aid | 4 hours | Victims of sexual or domestic violence. You don't have to qualify for legal aid, and no police report is needed. | 1-833-732-2847(1-833-REBΓTIR) |
| New Brunswick | Independent Legal Advice Plus (ILA+)Sexual Violence New Brunswick | Up to 4 hours | Survivors of sexual violence in Fredericton, Moncton, and Saint John. | Self-refer through svnb.ca/en/contact |
| Nova Scotia | Independent Legal Advice Program for Adult Survivors of Sexual Assault | Up to 4 hours 2, plus 2 more on request |
Survivors 16+ of a sexual assault that happened in Nova Scotia. No police report needed. | Dial 2-1-1 to register |
| Prince Edward Island | RISECommunity Legal Information | Up to 4 hours | Ages 16+ who live on PEI or experienced the incident on PEI. Covers sexual violence, intimate partner violence, and workplace sexual harassment. | Call or text 902-218-6143 |
| Newfoundland and Labrador | The Journey ProjectPublic Legal Information Association of NL | At least 4 hours | Survivors of sexual violence or intimate partner violence in NL, including people who experienced it in NL and now live elsewhere. | |
| Yukon | Independent Legal Advice ProgramYukon Victim Services | Up to 4 hours | Any age or gender, living in Yukon or where the incident happened in Yukon. No RCMP report needed. | |
| Northwest Territories | Independent Legal Advice and Representation (ILAR) ProgramYWCA NWT | Up to 4 hours plus free representation in some sexual assault court applications |
Survivors of sexualized and family violence in the NWT. Self-referral available. | |
| Nunavut | Independent Legal Advice and Independent Legal Representation (ILA-ILR) Program | Free advice and court representation | Survivors of sexual assault and intimate partner violence in Nunavut. |
Get support
You don't need to report or have a plan to access support. Every province and territory has victim services and support lines for survivors of sexual violence.
Find crisis lines, victim services, and support organizations in your province or territory.
Where to get support, by province βIn northern, rural, or remote communities
If the nearest hospital with a specialized program is far away, you can go to your closest hospital, health centre, or nursing station and tell them you think you were drugged and sexually assaulted. Many communities are served by the RCMP, and some health centres can arrange your travel to a larger hospital.
If you're travelling for care, bring your first urine sample and clothing in a paper bag if you can.
We understand that care should be available in your own community, and the frustration this may bring forward. Your feelings are valid. Accessibility to forensic care remains a gap for survivors across Canada, but She Matters remains committed to finding solutions. Learn more here.
Your province or territory's victim services can help you find out what's available where you live, and many support lines and legal advice programs work by phone or video.
Common myths
Alcohol is the substance most often used in DFSA.
Being intoxicated is never consent. The person who assaulted you is responsible.
Memory gaps are common in DFSA. You can still get care, have evidence collected, and report.
Taking advantage of someone who is already intoxicated is also sexual assault.
Support is available
DFSA cases should be handled by professionals working together, by following the evidence rather than personal biases, and by putting the survivor's needs first.
You deserve to be treated with respect at every step.
