FEATURE:
A Long Time Coming…
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New Drink Spiking Laws and the Safety of Women at Live Music Events
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IT seems unbelievable…
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that it has taken to now for laws on drink spiking to change. To make it a criminal offence. It will have a big impact on society as a whole, though there is also that sense of greater safety in music. Crimes connected with drink spiking – such as rape and sexual assault – are obviously illegal, though there has been this leniency and ignorance regarding the laws around drink spiking. The damage it can do physically and psychological. How someone can have their drink spiked and get into great danger. It is shocking that we live in a world where something like drink spiking was seen as relatively minor until now. I want to talk about it in terms of the music industry and women’s safety. Obviously men do get their drinks spiked and are impacted. It is mostly women who are affected. Drink spiking is not only a huge problem and danger at nightclubs where D.J.s might play. It is also something that one will see at music festivals and gigs. I am going to come onto that. Here, from Sky News are the plans to modernise laws around drink spiking:
“Plans to modernise spiking laws will be set out in the coming days.
Ministers have come under pressure to make needle and drink spiking a specific offence, with campaigners and opposition parties calling for tougher action.
The Home Office has said it will amend the Criminal Justice Bill and update the Offences Against The Person Act 1861 to make clear that spiking is illegal.
Spiking is when someone puts drugs into another person's drink or directly into their body without their knowledge or consent.
Officials said there would also be separate statutory guidance that will provide a "clear" and "unequivocal" definition of spiking.
This is expected to take the form of an update to the guidance issued under Section 182 of the Licensing Act 2003.
She told Sky News it was important to train door staff to spot the difference between someone who is drunk and a person who may have been spiked.
Ms Read-Pitt said: "Apparently, they [security] carried me outside the club and said 'we need some help, they're in a bad way', and she [staff member] said 'leave them in the gutter, that would teach them a lesson'."
The boss of a company providing spiking test kits to some bars in Shrewsbury, Vince Dovey, said the "vast majority" had come back negative, "but people do feel safer" knowing they are available.
He said the trial scheme had only been going a few weeks and it was too soon to spot any trends on spiking cases.
Home Secretary James Cleverly said: "The public should be under no illusion - spiking is a serious offence and I urge anyone who suspects they have been a victim of this to contact the police now."
The Home Office said the changes would form part of a wider package of measures to protect women and tackle spiking.
Mr Cleverly added: "This government has already gone further than ever before to protect the public from harm, and ensuring that women and girls can live their lives free from fear is one of my top priorities as home secretary."
Spiking is currently covered by several different areas of legislation but there is no single dedicated offence under which to prosecute perpetrators.
Nearly 5,000 cases of needle and drink spiking incidents were reported to police in England and Wales in the 12 months to September 2022, according to National Police Chiefs' Council figures.
Shadow home secretary Yvette Cooper said action was "long overdue".
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It is bad enough that it has taken until 2023 for laws around drink spiking to be reviewed and updated. A man responsible for the safety of women, Home Secretary James Cleverly – with one of the most ironic surnames ever! – felt fit to make a joke about spiking his own wife. It rightly was met with outrage and disgust. It shows that there is not only misogyny in the music industry and wider society. Many of our MPs are also clearly unconcerned when it comes to women’s safety and rights. The BBC explained more:
“Home Secretary James Cleverly has apologised for making an "ironic joke" about spiking his wife's drink at a Downing Street reception.
He reportedly said the ideal spouse was "someone who is always mildly sedated so she can never realise there are better men out there".
According to the Sunday Mirror, he also mentioned Rohypnol - a so-called "date rape" drug.
Senior Labour party figures have described the comments as "appalling".
Shadow home secretary Yvette Cooper said spiking - putting alcohol or drugs in someone's drink or body without their consent - was a "disturbing and serious crime which is having a devastating impact on young women's lives".
"It is truly unbelievable that the home secretary made such appalling jokes on the very same day the government announced a new policy on spiking," she added.
And charity Women's Aid said political leaders were relied upon to "take action to end violence against women and girls, and the misogyny that underpins it".
"It is vital that spiking survivors see ministers treating the subject seriously and not downplaying the reality so many women face," it said on X.
Another women's rights organisation, the Fawcett Society, called on Mr Cleverly to resign, asking: "How can we trust him to seriously address violence against women and girls?"
In a statement, it said: "It's sickening that the senior minister in charge of keeping women safe thinks that something as terrifying as drugging women is a laughing matter”.
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In terms of the music industry, it can be really difficult policing and monitoring drink spiking. At festivals especially, there are thousands of people around that means it is nearly impossible to check everyone. It is important that, despite changes in laws, as much money as possible is provided to venues and festivals that means staff can be trained to detect the signs of drink spiking. There are signs that they can look out for and act accordingly. This article lists a couple of methods to help when it comes to drink spiking and reducing the risk:
“How can we help ourselves?
Detection Kits: Drink Detective kits have now become wildly available so that if your attendees feel at risk and believe they have had their drinks spiked, they are able to test their drink at the time. The Undercover Colours is real time test, which works within 30 seconds so that guests are able test for Xanax, Valium and Flunitrazepam which are the most common drugs used to spike drinks. These tests however do come at a cost. It is the events managers decision to decide, how to integrate the cost into the music festival. One way of doing is selling them along side the drinks cost, or alternative a convert method is to include the kits in with the ticket price, so that they can be given out freely at the event. For more information on Detective Kits: Click Here.
KnoNap: The KnoNap is a more discreet testing method which is being developed. The napkin will change colour if drugs are found present in a drink. This is a subtle way for attendees to check their drinks if they are being watched by the perpetrator. By supplying the KnoNap as an alternative to the cocktail napkin you are automatically making your attendees feel safer at your festival. Use this link to find out more.”.
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There are things venues and festivals do but can increase. Searches of those entering to ensure there is nothing on their person that can be used to spike a drink. People can boycott venues that are not doing enough, though that can seriously damage the live music sector. I think greater resources and training is a best first step. At a wider and deeper level, the dangers and real seriousness of drink spiking needs to be taught across schools and colleges. Campaigns run that mean those attending live music know the statistics and how to detect if someone has had their drink spiked. I will end by discussing why there is still a big issue with drink spiking in music. There are statistics that highlight a very bleak situation. For those who want to know more about drink spiking and its symptoms, here is some important information:
“What are date rape drugs?
The most common date rape drug used according to the NHS is alcohol , however Rohypnol (Roofie) and Gamma Hydroxybutyrate (GHB) are also common, acting as an extremely strong sedative. Other recreational drugs such as Ecstasy, LSD, and Ketamine are sometimes used to spike drinks. With the risk of effects such as nausea to heart failure.
How can I/ we spot the symptoms of spiking?
Loss of balance
Visual impairment
Confusion
Nausea
Vomiting
Unconsciousness’
What are we told to do in the situation of spiking?
Tell a bar manager, bouncer or member of staff
Stay with them and keep talking to them
Call an ambulance if their condition deteriorates
Don’t let them go home alone
Don’t let them leave the venue with someone you don’t know or trust
If possible, prevent them from drinking more alcohol, as this could lead to serious problems”.”.
Do we really need to get tougher when it comes to enforcing laws around drink spiking?! In short, yes. Not only are reported cases very high. The number of reported incidents that lead to prosecution are dropping. Maybe it is becoming harder to find evidence to prosecute. The reality is that women being drugged and assaulted is seen as less important than other crimes. Maybe a lack of resources and training needs to happen until we see figures change, yet I feel there is this existing misogyny that means drink spiking is seen as minor. Many thinking it is a woman’s fault if she does not watch her drink and is not ‘careful’. In October, The Guardian reported on a worrying trend when it comes to drink spiking and how many lead to criminal charges:
“Drug-spiking incidents reported to the police have increased five-fold in five years, yet the proportion leading to a criminal charge is falling, freedom of information (FoI) requests show.
Almost 20,000 reports of spiking were received in the past five years by 39 police forces that responded to FoI requests sent out by Channel 4 for a documentary.
Yet the proportion of the reports that were investigated and resulted in a criminal charge dropped from 1 in 25 in 2018 to 1 in 400 in 2022. Channel 4 found just 54 cases where a suspect had been arrested and referred to the Crown Prosecution Service.
The documentary, part of the Untold series, is calling for a change in the law to make spiking a criminal offence, rather than having to use other pieces of legislation, such as the Sexual Offences Act or Offences Against The Person Act.
Barrister Charlotte Proudman, who is interviewed in the show, said: “At the moment the law is not a deterrent because there’s no specific criminal offence for spiking, so it’s not recognised as a crime in and of itself in its own right.
“In terms of sending out a key strong message that spiking is a crime that will not be tolerated, and to use the law as a deterrent, there is nothing in the statute box that makes that crystal clear.”
She said this would be analogous to other specific crimes enshrined in law, for example, female genital mutilation or forced marriage.
She told the Guardian: “It’s not common but it’s becoming more common. Part of that is the recognition that the laws we live under, some have been made centuries ago. The Offences Against The Person Act used in some spiking cases goes back to the 1800s and it’s Victorian legislation. It’s about making sure the law is up to date with the modern times we live in”.
Obviously, as there are so many venues and festivals that serve alcohol, drink spiking is a huge risk. Given the noise and chaos that happens at live music events, it can be easier for those who want to drug women to do so. At its most minor, drink spiking can lead to minor physical harm to a woman. At worst, it can lead to rape and lifelong psychological devastation. It is an extremely serious issue that hopefully will be addressed and focused on more now that new laws are being proposed. It takes me back to that remark (‘joke’) by James Cleverly. Someone almost poking fun at women having their drinks spiked. It is sickening that these attitudes exist in our highest office! They are also mirrored elsewhere. I don’t think drink spiking is considered to be a serious problem. So many women who attend live music have either witnessed someone having their drink spiked or been a victim of it. Realising the severity of drink spiking needs to be a big priority now. Ensuring that there is not better education and awareness; there need to be more prosecutions and convictions. Drink spiking most definitely is…
NO laughing matter!