# Sexual Offences (Scotland) Act 2009, Section 1: Rape


(1) If a person (“A”), with A's penis—
(a) without another person (“B”) consenting, and
(b) without any reasonable belief that B consents,
penetrates 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.
(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).
(3) In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.
(4) In this Act—
“penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and
“vagina” includes—
(a) the vulva, and
(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.

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Source: https://www.legislation.gov.uk/asp/2009/9/section/1 (the official version)
Page: https://openlegislation.uk/sexual-offences-scotland-act-2009/section-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.