{
  "url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/section-1",
  "json_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/section-1.json",
  "legislation": "asp/2009/9",
  "legislation_title": "Sexual Offences (Scotland) Act 2009",
  "legislation_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009",
  "path": "section/1",
  "kind": "section",
  "number": "1",
  "heading": "Rape",
  "text": "(1) If a person (“A”), with A's penis—\n(a) without another person (“B”) consenting, and\n(b) without any reasonable belief that B consents,\npenetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.\n(2) For the purposes of this section, penetration is a continuing act from entry until withdrawal of the penis; but this subsection is subject to subsection (3).\n(3) In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.\n(4) In this Act—\n“penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and\n“vagina” includes—\n(a) the vulva, and\n(b) a surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B, having been created in the course of such treatment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 1 wholly in force; s. 1(4) in force at Royal Assent see s. 62(2); s. 1 otherwise in force at 1.12.2010 by S.S.I. 2010/357, art. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/9/section/1",
    "retrieved_at": "2026-10-29T20:15:36.910809+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}