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Criminal Law (Consolidation) (Scotland) Act 1995
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Criminal Law (Consolidation) (Scotland) Act 1995, Section 5 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5 Intercourse with girl under 16.S
(1)Any person who has unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for life.
(2)Any person who attempts to have unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for a term not exceeding [F1ten years] or on summary conviction to imprisonment for a term not exceeding three months.
(3)Without prejudice to sections 1 to 4 of this Act, any person who has, or attempts to have, unlawful sexual intercourse with any girl of or over the age of 13 years and under the age of 16 years shall be liable on conviction on indictment to imprisonment for a term not exceeding [F1ten years] or on summary conviction to imprisonment for a term not exceeding three months.
(4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)It shall be a defence to a charge under subsection (3) above that the person so charged—
(a)had reasonable cause to believe that the girl was his wife; or
(b)being a man under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the girl was of or over the age of 16 years.
(6)In subsection (5) above, “a like offence” means an offence under—
(a)subsection (3) above; or
(b)section 4(1) or 10(1) of the M1Sexual Offences (Scotland) Act 1976 or section 5 or 6 of the M2Criminal Law Amendment Act 1885 (the enactments formerly creating the offences mentioned in subsection (3) above and [F3section 9(1) of this Act]); or
(c)section 6 of the M3Sexual Offences Act 1956 (the provision for England and Wales corresponding to subsection (3) above), or with an attempt to commit such an offence;[F4 or
(cc)any of sections 9 to 14 of the Sexual Offences Act 2003;] or
(d)section 9(1) of this Act.
(7)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 5(2)(3) substituted (1.8.1997) by 1997 c. 48, s. 14(1)(a)(b); S.I. 1997/1712, art. 3, Sch.
F2S. 5(4) repealed (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 15, 20; S.S.I. 2005/480, art. 2 (subject to art. 3)
F3Words in s. 5(6) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 18(2)(b); S.I. 1997/1712, art. 3, Sch.
F4S. 5(6)(cc) and preceding word inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 141, Sch. 6 para. 33; S.I. 2004/874, art. 2
F5S. 5(7) repealed (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 15, 20; S.S.I. 2005/480, art. 2 (subject to art. 3)
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