Sexual Offences (Scotland) Act 1976
| Jurisdiction | UK Non-devolved |
| Citation | 1976 c. 67 |
| Year | 1976 |
(a) any woman under 21 years of age or girl to have unlawful sexual intercourse with any other person or persons in any part of the world, or(b) any woman or girl to become a common prostitute in any part of the world, or(c) any woman or girl to leave the United Kingdom, with intent that she may become an inmate of or frequent a brothel elsewhere, or(d) any woman or girl to leave her usual place of abode in the United Kingdom, with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel in any part of the world,by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful sexual intercourse in any part of the world, orby false pretences or false representations procures any woman or girl to have any unlawful sexual intercourse in any part of the world, orapplies or administers to, or causes to be taken by, any woman or girl any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful sexual intercourse with such woman or girl,(2) A man who induces a married woman to permit him to have sexual intercourse with her by impersonating her husband shall be deemed to be guilty of rape.did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; ordid not consent to have sexual intercourse or to have sexual intercourse with that person; orwas married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.(Table) Degrees of Relationship
whether it is of the full blood or the half blood; andeven where traced through or to any person whose parents are not or have not been married to one another.(3) For the avoidance of doubt sexual intercourse between persons who are not related to each other in a degree referred to in subsection (1) above is not incest.
| Column 1 | Column 2 |
|---|---|
| 1.Relationships by consanguinity | |
| Mother | Father |
| Daughter | Son |
| Grandmother | Grandfather |
| Grand-daughter | Grandson |
| Sister | Brother |
| Aunt | Uncle |
| Niece | Nephew |
| Great grandmother | Great grandfather |
| Great grand-daughter | Great grandson |
| 2.Relationships by adoption | |
| Adoptive mother or former adoptive mother | Adoptive father or former adoptive father |
| Adopted daughter or former adopted daughter | Adopted son or former adopted son |
- Any step-parent or former step-parent who has sexual intercourse with his or her step-child or former step-child shall be guilty of an offence if that step-child is either under the age of 21 or has at any time before attaining the age of 18 lived in the same household and been treated as a child of his or her family, unless the accused proves that he or she—
- (a) did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was a step-child or former step-child; or
- (b) believed on reasonable grounds that that person was of or over the age of 21 years; or
- (c) did not consent to have sexual intercourse or to have sexual intercourse with that person; or
- (d) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.
- Any person of or over the age of 16 years who—
- (a) has sexual intercourse with a child under the age of 16 years;
- (b) is a member of the same household as that child; and
- (c) is in a position of trust or authority in relation to that child,
- (i) believed on reasonable grounds that the person with whom he or she had sexual intercourse was of or over the age of 16 years; or
- (ii) did not consent to have sexual intercourse or to have sexual intercourse with that person; or
- (iii) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.
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