Sexual Offences (Scotland) Act 2009

Part 1Rape etc.

Sexual assault by penetration

2Sexual assault by penetration

Sexual assault and other sexual offences

3Sexual assault

4Sexual coercion

5Coercing a person into being present during a sexual activity

6Coercing a person into looking at a sexual image

7Communicating indecently etc.

8Sexual exposure

10Interpretation of section 9

11Administering a substance for sexual purposes

Part 2Consent and reasonable belief

12Meaning of “consent” and related expressions

13Circumstances in which conduct takes place without free agreement

14Consent: capacity while asleep or unconscious

15Consent: scope and withdrawal

Reasonable belief

16Reasonable belief

Part 3Mentally disordered persons

Mentally disordered persons

17Capacity to consent

Young children

18Rape of a young child

19Sexual assault on a young child by penetration

20Sexual assault on a young child

21Causing a young child to participate in a sexual activity

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

23Causing a young child to look at a sexual image

24Communicating indecently with a young child etc.

25Sexual exposure to a young child

26Voyeurism towards a young child

27Belief that child had attained the age of 13 years

Older children

28Having intercourse with an older child

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

30Engaging in sexual activity with or towards an older child

31Causing an older child to participate in a sexual activity

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

33Causing an older child to look at a sexual image

34Communicating indecently with an older child etc.

35Sexual exposure to an older child

36Voyeurism towards an older child

37Older children engaging in sexual conduct with each other

38Penetration and consent for the purposes of section 37

39Defences in relation to offences against older children

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

41Special provision as regards age: deeming provisions

Part 5Abuse of position of trust

42Sexual abuse of trust

43Positions of trust

44Interpretation of section 43

45Sexual abuse of trust: defences

Mentally disordered persons

46Sexual abuse of trust of a mentally disordered person

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

Part 6Penalties

Part 7Miscellaneous and general

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

50Power to convict for offence other than that charged

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

52Common law offences

53Continuity of law on sexual offences

54Incitement to commit certain sexual acts outside Scotland

54AOffences committed outside Scotland

54BOffence committed by virtue of section 54A(1): limitations on prosecution

54CListed offence: limitations on prosecution if country not specified

54DOffences committed outside the United Kingdom: adult victims

55Offences committed outside the United Kingdom : child victims

56Section 55: continuity of law

General provisions

57Offences by bodies corporate etc.

58Ancillary provision

60Interpretation

61Modification of enactments

62Short title and commencement

SCHEDULE 1Relevant sexual offences

Part 1Offences that may currently be committed

1Any of the following offences under this Act—

2An offence under any of the following provisions of the...

3An offence under any of the following provisions of that...

4An offence under any of the following provisions of the...

5An offence under any of the following provisions of the...

6An offence under any of the following provisions of that...

7Any of the following offences under the Criminal Law (Consolidation)...

8An offence under section 160 of the Criminal Justice Act...

9An offence under article 15 of the Criminal Justice (Evidence,...

10An offence under the following provisions of the Civic Government...

11An offence under section 1 of the Protection of Children...

12An offence under article 3 of the Protection of Children...

13An attempt, conspiracy or incitement to commit an offence in...

14An offence under section 293(2) of the Criminal Procedure (Scotland)...

Part 2Offences replaced by an offence in Part 1 or this Part

15The following common law offences against a person under the...

16Rape under the common law of Northern Ireland of a...

17Any of the following offences under the Sexual Offences Act...

18An offence under article 18, 19, 20 or 21 of...

19An offence under section 3 of the Sexual Offences (Amendment)...

20An offence under section 3, 5, 6 or 13(5)(c) of...

21An offence under article 123 of the Mental Health (Northern...

22An offence under article 9 of the Criminal Justice (Northern...

23An offence under section 54 of the Criminal Law Act...

24Any of the following offences under the Sexual Offences (Scotland)...

25An offence under section 21 or 22 of the Children...

26An offence under section 1 of the Indecency with Children...

27An offence under section 2 of the Attempted Rape, etc.,...

28An offence under section 1, 10, 11, 12, 14, 15...

29An offence under section 5, 6 or 28 of that...

30An offence under section 1 of the Punishment of Incest...

31Any of the following offences under the Criminal Law Amendment...

32Any of the following offences under the Offences Against the...

33An attempt, conspiracy or incitement to commit an offence in...

34An offence under section 293(2) of the Criminal Procedure (Scotland)...

SCHEDULE 2Penalties

SCHEDULE 3Alternative verdicts

SCHEDULE 4Listed offences

Part 1Incitement to commit certain sexual acts outside UK

1An offence under Part 1 of this Act against a...

2An offence under Part 4 of this Act.

3Sexual abuse of trust (section 42 of this Act).

4Sexual abuse of trust of a mentally disordered person (section...

5Indecent assault of a person under the age of 18....

Part 2Offences committed outside UK

6An offence under Part 1 of this Act against a...

7An offence under Part 4 of this Act.

8Sexual abuse of trust (section 42 of this Act).

9Sexual abuse of trust of a mentally disordered person (section...

10Indecent assault of a person under the age of 18....

11An offence under section 52 of the Civic Government (Scotland)...

12An offence under section 52A of that Act (possession of...

13An offence under section 9 of the Protection of Children...

14An offence under section 10 of that Act (causing or...

15An offence under section 11 of that Act (controlling a...

16An offence under section 12 of that Act (arranging or...

17Conspiracy or incitement to commit any offence specified in paragraphs...

18An offence under section 293(2) of the Criminal Procedure (Scotland)...

SCHEDULE 5Minor and consequential amendments

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

1(1) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended...

The Criminal Procedure (Scotland) Act 1995 (c. 46)

2(1) The Criminal Procedure (Scotland) Act 1995 is amended as...

The Criminal Injuries Compensation Act 1995 (c. 53)

3In section 11(9) of the Criminal Injuries Compensation Act 1995...

The Protection of Children (Scotland) Act 2003 (asp 5)

4(1) Schedule 1 to the Protection of Children (Scotland) Act...

The Sexual Offences Act 2003 (c. 42)

5In Schedule 3 to the Sexual Offences Act 2003 (sexual...

The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

6In section 326(4)(c) of the Mental Health (Care and Treatment)...

The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

7In section 1(5) of the Protection of Children and Prevention...

SCHEDULE 6Repeals

Royal arms

Sexual Offences (Scotland) Act 2009

2009 asp 9

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th June 2009 and received Royal Assent on 14th July 2009

An Act of the Scottish Parliament to make new provision about sexual offences, and for connected purposes.