Sexual Offences (Scotland) Act 2009

Cited authorities 98

Cited in

Amendments 76

Jurisdiction	Scotland

without another person (“B”) consenting, andwithout any reasonable belief that B consents,(2) For the purposes of this section, penetration is a continuing act from entry until withdrawal of the penis; but this subsection is subject to subsection (3) .(3) In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.the vulva, anda surgically constructed vagina (together with any surgically constructed vulva) , if it forms part of B, having been created in the course of such treatment.

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Sexual Offences (Scotland) Act 2009
Part 1: Rape etc.

Rape

1: Rape

Sexual assault by penetration

2: Sexual assault by penetration

Sexual assault and other sexual offences

3: Sexual assault
4: Sexual coercion: If a person (“A”)—
5: Coercing a person into being present during a sexual activity
6: Coercing a person into looking at a sexual image
7: Communicating indecently etc.
8: Sexual exposure
9: Voyeurism
10: Interpretation of section 9
11: Administering a substance for sexual purposes

Part 2: Consent and reasonable belief

Consent

12: Meaning of “consent” and related expressions
13: Circumstances in which conduct takes place without free agreement
14: Consent: capacity while asleep or unconscious
15: Consent: scope and withdrawal

Reasonable belief

16: Reasonable belief

Part 3: Mentally disordered persons

Mentally disordered persons

17: Capacity to consent

Part 4: Children

Young children

18: Rape of a young child
19: Sexual assault on a young child by penetration
20: Sexual assault on a young child
21: Causing a young child to participate in a sexual activity
22: Causing a young child to be present during a sexual activity
23: Causing a young child to look at a sexual image
24: Communicating indecently with a young child etc.
25: Sexual exposure to a young child
26: Voyeurism towards a young child
27: Belief that child had attained the age of 13 years

Older children

28: Having intercourse with an older child: If a person (“A”), who has attained the age of 16 years, with A's penis, penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of a child (“B”), who—
29: Engaging in penetrative sexual activity with or towards an older child
30: Engaging in sexual activity with or towards an older child
31: Causing an older child to participate in a sexual activity: If a person (“A”), who has attained the age of 16 years, intentionally causes a child (“B”), who—
32: Causing an older child to be present during a sexual activity
33: Causing an older child to look at a sexual image
34: Communicating indecently with an older child etc.
35: Sexual exposure to an older child
36: Voyeurism towards an older child
37: Older children engaging in sexual conduct with each other
38: Penetration and consent for the purposes of section 37
39: Defences in relation to offences against older children

General

40: Special provision as regards failure to establish whether child has or has not attained certain ages
41: Special provision as regards age: deeming provisions

Part 5: Abuse of position of trust

Children

42: Sexual abuse of trust: If a person (“A”) who has attained the age of 18 years—
43: Positions of trust
44: Interpretation of section 43
45: Sexual abuse of trust: defences

Mentally disordered persons

46: Sexual abuse of trust of a mentally disordered person
47: Sexual abuse of trust of a mentally disordered person: defences

Part 6: Penalties

Penalties

48: Penalties

Part 7: Miscellaneous and general

Miscellaneous

49: Establishment of purpose for the purposes of sections 5 to 9, 22 to 26 and 32 to 36
50: Power to convict for offence other than that charged
51: Exceptions to inciting or being involved art and part in offences under Part 4 or 5: A person (“X”) is not guilty of inciting, or being involved art and part in, an offence under Part 4 or 5 if, as regards another person (“Y”), X acts—
52: Common law offences: For all purposes not relating to offences committed before the coming into force of this section—
53: Continuity of law on sexual offences
54: Incitement to commit certain sexual acts outside Scotland
54A: Offences committed outside Scotland
54B: Offence committed by virtue of section 54A(1): limitations on prosecution
54C: Listed offence: limitations on prosecution if country not specified
54D: Offences committed outside the United Kingdom: adult victims
55: Offences committed outside the United Kingdom : child victims
56: Section 55: continuity of law

General provisions

57: Offences by bodies corporate etc.
58: Ancillary provision
59: Orders
60: Interpretation
61: Modification of enactments
62: Short title and commencement

SCHEDULE 1 (introduced by section 39(5)(a))
Relevant sexual offences

Part 1: Offences that may currently be committed
Part 2: Offences replaced by an offence in Part 1 or this Part

SCHEDULE 2 (introduced by section 48)
Penalties
SCHEDULE 3 (introduced by section 50)
Alternative verdicts
SCHEDULE 4 (introduced by section 54)
Listed offences

Part 1: Incitement to commit certain sexual acts outside UK
Part 2: Offences committed outside UK

SCHEDULE 5 (introduced by section 61)
Minor and consequential amendments

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
The Criminal Procedure (Scotland) Act 1995 (c. 46)
The Criminal Injuries Compensation Act 1995 (c. 53)
The Protection of Children (Scotland) Act 2003 (asp 5)
The Sexual Offences Act 2003 (c. 42)
The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

SCHEDULE 6 (introduced by section 61)
Repeals

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Sexual Offences (Scotland) Act 2009

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