Limitations of toxicological test en the materiality of the crime

Abstract

Given the increasing incidence of drug-facilitated sexual assault (DFSA) and the critical role of toxicological examination as technical evidence in the judicial process, this study is highly relevant to both legal and medical fields. The primary objective is to assess the potential limitations of toxicological tests in forensic sexology for establishing the materiality of rape involving vulnerable individuals influenced by psychoactive substances. A narrative, non-systematic literature review was conducted, focusing on studies published in the last 20 years. The review included an analysis of forensic medicine textbooks and scientific articles, with an emphasis on forensic toxicological methods applied in this type of crime. The study identified significant challenges in toxicological analysis due to the wide range of substances used, their rapid metabolism, and delays in sample collection, which can result in false negatives. This underscores the need for more sensitive analytical methods and standardized protocols. The findings allow the conclusion that while toxicological tests are crucial, a negative result should not rule out the possibility of DFSA. More epidemiological studies and the standardization of forensic practices are also needed, which are essential to improve the detection and punishment of crimes related to DFC.