PART 5Virginity testing and hymenoplasty offences

CHAPTER 1Virginity testing offences

Virginity testing offences: Scotland

I1I2140Offence of virginity testing: Scotland

1

It is an offence under the law of Scotland for a person to carry out virginity testing.

2

Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.

3

An offence is committed under subsection (1) only if the person—

a

is in Scotland, or

b

is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.

4

United Kingdom national” means an individual who is—

a

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

b

a person who under the British Nationality Act 1981 is a British subject, or

c

a British protected person within the meaning of that Act.

5

In subsection (2), “female genitalia” means a vagina or vulva.