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The Defenders: Loopholes Found in NC Date Rape Drug Cases

A state representative now wants to change the law following our exclusive investigation.

CHARLOTTE, N.C. -- The Defenders are exposing possible loopholes in a state law that deals with date rape drugs.

A state representative now wants to change the law following our exclusive investigation. WCNC did some digging and found there is no state law that specifically deals with drugging someone's drink.

The discovery came after a woman said her drink was spiked at Rooftop 210 in the Epicentre.

RELATED | Drugged Drink Case Not Handled Properly: Charlotte-Mecklenburg Police

“It was really scary because I blacked,” Leah McGuirk told WCNC in Charlotte “I was definitely roofied; there’s no doubt in my mind.”

However, McGurik said she realized police did not have a clear category for that type of crime.

“It’s not really designed to protect people in the situation I found myself in,” said McGuirk.

The Defenders found a case where someone’s drink was drugged can be prosecuted under another statute, but it’s intended to include crimes like altering a child’s Halloween candy.

NBC Charlotte took the issue to State Representative Chaz Beasley.

“I learned about this issue from your reporting,” Rep. Beasley told WCNC.

The state representative said new legislation is needed.

RELATED | Could This Nail Polish Prevent Date Rape?

“Next year in the long session, when we can bring bills, I plan to bring a bill to update our rape statutes,” said Rep. Beasley.

It would specifically impact cases like Leah McGuirk’s who said she was drugged but not sexually assaulted. However, she said she feels violated from the experience at Rooftop 210 in the Epicentre.

“It was sort of like a nightmare,” she told WCNC.

The Defenders let her know how the state representative is looking to change the law.

“That’s amazing, that’s ultimately what I want,” she told WCNC.

“We want to know exactly how much of this is happening; we want to know exactly the best ways to stop it,” Representative Beasley told WCNC.

“Hearing the representative is going to work to change the law, that’s one of the first rays of hope I’ve seen so far,” said McGuirk.

Representative Beasley said he will be working on a draft of this legislation over the next few months, and he will share that with us when it's ready.

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