Perhaps it is more likely that our society would only prosecute for the crime committed (drugging the drink), but there are other crimes of intention which are punished in our society... such as a foiled plot for murder, breaking and entering with the intent to harm... I think the crime MUST carry the intention to harm the incapacitated victim. People don't just go around drugging other people and leaving them in the bar (or party) to be discovered by friends/employees or strangers. They drug them in the bar, so they can lead them out of the bar, undetected, and then act another crime upon them. So, it MUST carry some intention to harm with it. Otherwise, where's the bite? Where's the muscle behind the courts?