One avenue, couched in specifics of US law, but I presume the ideas have analogs in Germany's legal system:
A battery occurs when a harmful physical contact occurs. Contact with a weapon is pretty much by definition battery.
The use of such a drug in the commission of rape or other violent crimes would then be a very easily proven case. If the substance is present in a victim's body, then battery has occured, basically by definition.
Given that rape and other violent crimes that are committed with the use of such drugs may not leave other physical signs on the body of the victim, then this may be the only physical evidence.
The examination for presence of such a drug in the bloodstream is also much less intrusive than for a typical rape kit exam.
There's nothing binary or black and white in such investigations, so this is an additional avenue to provide evidence to support the prosecution of these violent criminals.
There is a possibility that the accused has nothing to do with it, you still have to prove it wasn't some third party or the victim who procured and took the drug.
Let me clarify. I meant the following. Assume ghb is found and evidence of sex. The woman claims she didn't take it and didn't want to have sex. Wouldn't this be enough for a conviction?
if the jury believed the woman's claims, yes, it's enough for conviction. conviction rates are high not because it's easy to prove guilt, but because district attorneys don't bring case that are likely to be lost. the scenario you describe might not be considered strong enough to win, and resources are limited, so this hypothetical case might not get a hearing.
i'm not talking about a plea bargain, i'm talking about declining to prosecute, not filing charges after an arrest, or asking the court to dismiss the charges
i am sure that every victim allegation does not lead to a prosecution in Germany
A battery occurs when a harmful physical contact occurs. Contact with a weapon is pretty much by definition battery.
The use of such a drug in the commission of rape or other violent crimes would then be a very easily proven case. If the substance is present in a victim's body, then battery has occured, basically by definition.
Given that rape and other violent crimes that are committed with the use of such drugs may not leave other physical signs on the body of the victim, then this may be the only physical evidence.
The examination for presence of such a drug in the bloodstream is also much less intrusive than for a typical rape kit exam.
There's nothing binary or black and white in such investigations, so this is an additional avenue to provide evidence to support the prosecution of these violent criminals.