Filice v. State

OPINION

BAKER, Chief Judge.

Rohypnol, a notorious date rape drug, causes temporary amnesia by inducing extreme feelings of intoxication in a user. 1 The facts of this case require us to address, for the first time, various legal issues surrounding a defendant’s sexual contact with a woman who was in a Rohypnol-induced state of unawareness. While there is evidence in the record that the defendant knew or should have known that the woman was impaired, there is no evidence that he administered Rohypnol to her or knew that she was under the influence of that drug.

Appellant-defendant Herman Filice…