Ending conversion practices in Scotland: consultation summary

Part 8: Criminal Offences – Additional Considerations

Defence of consent in a criminal offence relating to conversion practices

56. Evidence suggests that many people who undergo conversion practices agree in some way to do so. For example, they may agree to attend a programme of therapy. However, those people who apparently willingly engage in, or actively seek-out, conversion practices are often driven by external pressures and coercions, imbalanced power dynamics, or being under the guidance of powerful people in their life who are in a position of trust or authority, limiting their autonomy.

57. Considering the available information and evidence, we believe that it is extremely difficult to ensure that consent in these circumstances is fully informed. Many people have reported consenting to conversion practices without a full awareness of:

• the fact that change is not, in fact, possible
• what the conversion practices will entail
• the likelihood that this will cause them serious lifelong harm

17. Do you agree that there should be no defence of consent for conversion practices?

Yes

No

Don’t know

18. Please give reasons for your answer to Question 17.

19. Do you have any other comments regarding the criminal offence as set out in Sections 7 and 8?