Section 4 Intercourse with girl between 13 and 16.

Scotland

(1)

F1Without prejudice to sections 2A–2D of this Act any person who has, or attempts to have, unlawful sexual intercourse with any girl of or above 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 two years or on summary conviction to imprisonment for a term not exceeding three months:

Provided that no prosecution F2. . . shall be commenced for an offence under this subsection more than one year after the commission of the offence.

(2)

It shall be a defence to a charge under subsection (1) 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 above the age of 16 years.

In this subsection, “a like offence” means an offence under—
1. (i)
  subsection (1) above; or
2. (ii)
  section 5 or 6 of the M1Criminal Law Amendment Act 1885 (the provisions replaced for Scotland by subsection (1) above and section 10(1) of this Act); or
3. (iii)
  section 6 of the M2Sexual Offences Act 1956 (the provision for England and Wales corresponding to subsection (1) above), or with an attempt to commit such an offence; or
4. (iv)
  section 10(1) of this Act.

F3(3)

For the purposes of the proviso to subsection (1) above, a prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay.

Annotations

Textual amendments

F1: Words added by Incest and Related Offences (Scotland) Act 1986 (c. 36, SIF 39:5), s. 2(1), Sch. 1 para. 4
F2: Words in s. 4 proviso repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 159(a), Sch. 7 Pt. I; S.I. 1996/517, art. 3(2)
F3: S. 4(3) inserted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 159(b); S.I. 1996/517, art. 3(2)

Marginal citations

M1: 1885 c. 69.
M2: 1956 c. 69.

Notes on the whole Act

Textual amendments

F1: Act repealed (retrospective to 1.4.1996) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 6(1)(2), Sch. 3; S.I. 1997/1712, art. 3, Sch.