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Sexual Offences (Scotland) Act 2009

2009 asp 9 · Enacted 14 July 2009 · Extends to Scotland

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2021.

See the changes not yet applied
ProvisionChangeMade by
s. 41A 41BinsertedCrime and Policing Act 2026 s. 76(1)
s. 55(7A)insertedCrime and Policing Act 2026 s. 74(3)(a)
Sch. 4 para. 12AinsertedCrime and Policing Act 2026 s. 74(3)(b)

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

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

Contents

  1. Part 1: Rape etc.
  2. Rape
  3. 1Rape
  4. Sexual assault by penetration
  5. 2Sexual assault by penetration
  6. Sexual assault and other sexual offences
  7. 3Sexual assault
  8. 4Sexual coercion
  9. 5Coercing a person into being present during a sexual activity
  10. 6Coercing a person into looking at a sexual image
  11. 7Communicating indecently etc.
  12. 8Sexual exposure
  13. 9Voyeurism
  14. 10Interpretation of section 9
  15. 11Administering a substance for sexual purposes
  16. Part 2: Consent and reasonable belief
  17. Consent
  18. 12Meaning of “consent” and related expressions
  19. 13Circumstances in which conduct takes place without free agreement
  20. 14Consent: capacity while asleep or unconscious
  21. 15Consent: scope and withdrawal
  22. Reasonable belief
  23. 16Reasonable belief
  24. Part 3: Mentally disordered persons
  25. Mentally disordered persons
  26. 17Capacity to consent
  27. Part 4: Children
  28. Young children
  29. 18Rape of a young child
  30. 19Sexual assault on a young child by penetration
  31. 20Sexual assault on a young child
  32. 21Causing a young child to participate in a sexual activity
  33. 22Causing a young child to be present during a sexual activity
  34. 23Causing a young child to look at a sexual image
  35. 24Communicating indecently with a young child etc.
  36. 25Sexual exposure to a young child
  37. 26Voyeurism towards a young child
  38. 27Belief that child had attained the age of 13 years
  39. Older children
  40. 28Having intercourse with an older child
  41. 29Engaging in penetrative sexual activity with or towards an older child
  42. 30Engaging in sexual activity with or towards an older child
  43. 31Causing an older child to participate in a sexual activity
  44. 32Causing an older child to be present during a sexual activity
  45. 33Causing an older child to look at a sexual image
  46. 34Communicating indecently with an older child etc.
  47. 35Sexual exposure to an older child
  48. 36Voyeurism towards an older child
  49. 37Older children engaging in sexual conduct with each other
  50. 38Penetration and consent for the purposes of section 37
  51. 39Defences in relation to offences against older children
  52. General
  53. 40Special provision as regards failure to establish whether child has or has not attained certain ages
  54. 41Special provision as regards age: deeming provisions
  55. Part 5: Abuse of position of trust
  56. Children
  57. 42Sexual abuse of trust
  58. 43Positions of trust
  59. 44Interpretation of section 43
  60. 45Sexual abuse of trust: defences
  61. Mentally disordered persons
  62. 46Sexual abuse of trust of a mentally disordered person
  63. 47Sexual abuse of trust of a mentally disordered person: defences
  64. Part 6: Penalties
  65. Penalties
  66. 48Penalties
  67. Part 7: Miscellaneous and general
  68. Miscellaneous
  69. 49Establishment of purpose for the purposes of sections 5 to 9, 22 to 26 and 32 to 36
  70. 50Power to convict for offence other than that charged
  71. 51Exceptions to inciting or being involved art and part in offences under Part 4 or 5
  72. 52Common law offences
  73. 53Continuity of law on sexual offences
  74. 54Incitement to commit certain sexual acts outside Scotland
  75. 54AOffences committed outside Scotland
  76. 54BOffence committed by virtue of section 54A(1): limitations on prosecution
  77. 54CListed offence: limitations on prosecution if country not specified
  78. 54DOffences committed outside the United Kingdom: adult victims
  79. 55Offences committed outside the United Kingdom : child victims
  80. 56Section 55: continuity of law
  81. General provisions
  82. 57Offences by bodies corporate etc.
  83. 58Ancillary provision
  84. 59Orders
  85. 60Interpretation
  86. 61Modification of enactments
  87. 62Short title and commencement
  88. Schedule 1: Relevant sexual offences
  89. Part 1: Offences that may currently be committed
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. 10Paragraph 10
  100. 11Paragraph 11
  101. 12Paragraph 12
  102. 13Paragraph 13
  103. 14Paragraph 14
  104. Part 2: Offences replaced by an offence in Part 1 or this Part
  105. 15Paragraph 15
  106. 16Paragraph 16
  107. 17Paragraph 17
  108. 18Paragraph 18
  109. 19Paragraph 19
  110. 20Paragraph 20
  111. 21Paragraph 21
  112. 22Paragraph 22
  113. 23Paragraph 23
  114. 24Paragraph 24
  115. 25Paragraph 25
  116. 26Paragraph 26
  117. 27Paragraph 27
  118. 28Paragraph 28
  119. 29Paragraph 29
  120. 30Paragraph 30
  121. 31Paragraph 31
  122. 32Paragraph 32
  123. 33Paragraph 33
  124. 34Paragraph 34
  125. Schedule 2Penalties
  126. Schedule 3Alternative verdicts
  127. Schedule 4: Listed offences
  128. Part 1: Incitement to commit certain sexual acts outside UK
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. Part 2: Offences committed outside UK
  135. 6Paragraph 6
  136. 7Paragraph 7
  137. 8Paragraph 8
  138. 9Paragraph 9
  139. 10Paragraph 10
  140. 11Paragraph 11
  141. 12Paragraph 12
  142. 13Paragraph 13
  143. 14Paragraph 14
  144. 15Paragraph 15
  145. 16Paragraph 16
  146. 17Paragraph 17
  147. 18Paragraph 18
  148. Schedule 5: Minor and consequential amendments
  149. The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
  150. 1Paragraph 1
  151. The Criminal Procedure (Scotland) Act 1995 (c. 46)
  152. 2Paragraph 2
  153. The Criminal Injuries Compensation Act 1995 (c. 53)
  154. 3Paragraph 3
  155. The Protection of Children (Scotland) Act 2003 (asp 5)
  156. 4Paragraph 4
  157. The Sexual Offences Act 2003 (c. 42)
  158. 5Paragraph 5
  159. The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
  160. 6Paragraph 6
  161. The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
  162. 7Paragraph 7
  163. Schedule 6Repeals