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Guidance on the Sexual Offences (Scotland) Act 2009

DescriptionGuidance on the Sexual Offences (Scotland) Act 2009
ISBN
Official Print Publication Date
Website Publication DateOctober 08, 2010

Contents

A PDF version of this document is also available.

Part 1: Non-Consensual Offences

Section 1: Rape

Section 2: Sexual assault by penetration

Section 3: Sexual assault

Section 4: Sexual coercion

Section 5: Coercing a person into being present during a sexual activity

Section 6: Coercing a person into looking at a sexual image

Section 7: Communicating indecently etc

Section 8: Sexual exposure

Section 9: Voyeurism

Section 10: Interpretation of section 9

Section 11: Administering a substance for a sexual purpose

Part 2: Consent and Reasonable Belief

Section 12: Meaning of "consent" and related expressions

Section 13: Circumstances in which conduct takes place without free agreement

Section 14: Consent: capacity while asleep or unconscious

Section 15: Consent: scope and withdrawal

Section 16: Reasonable belief

Part 3: Capacity to consent of persons with a mental disorder

Section 17: Capacity to consent

Part 4: Child sex offences

Section 18: Rape of a young child

Section 19: Sexual assault on a young child by penetration

Section 20: Sexual assault on a young child

Section 21: Causing a young child to participate in a sexual activity

Section 22: Causing a young child to be present during a sexual activity

Section 23: Causing a young child to look at a sexual image

Section 24: Communicating indecently with a young child etc

Section 25: Sexual exposure to a young child

Section 26: Voyeurism towards a young child

Section 27: Belief that child had attained age of 13 years

Section 28: Having intercourse with an older child

Section 29: Engaging in penetrative sexual activity with or towards an older child

Section 30: Engaging in sexual activity with or towards an older child

Section 31: Causing an older child to participate in a sexual activity

Section 32: Causing an older child to be present during a sexual activity

Section 33: Causing an older child to look at a sexual image

Section 34: Communicating indecently with an older child etc

Section 35: Sexual exposure to an older child

Section 36: Voyeurism towards an older child

Section 37: Older children engaging in sexual conduct with each other

Section 38: Penetration and consent for the purposes of section 37

Section 39: Defences in relation to offences against older children

Section 40: Special provision as regards failure to establish whether child has or has not attained certain ages

Section 41: Special provision as regards age:deeming provisions

Part 5: Abuse of Position of Trust

Section 42: Sexual abuse of trust

Section 43: Positions of trust

Section 44: Interpretation of section 43

Section 45: Sexual abuse of trust: defences

Section 46: Sexual abuse of trust of a mentally disordered person

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

Part 6: Penalties

Section 48: Penalties

Part 7: Miscellaneous and General

Section 49: Establishment of purpose for the purposes of section 5 to 9, 22 to 26 and 32 to 36

Section 50: Power to convict for offence other than that charged

Section 51: Exceptions to inciting or being involved art and part in offences under Part 4 or 5

Section 52: Common law offences

Section 53: Continuity of the law on sexual offences

Section 54: Incitement to commit certain sexual acts outside the United Kingdom

Section 55: Offences committed outside the United Kingdom

Section 56: Continuity of the law on sexual offences committed outside the United Kingdom

Section 57: Offences by bodies corporate etc.