# Sexual Offences (Scotland) Act 2009, Section 49: Establishment of purpose for the purposes of sections 5 to 9, 22 to 26 and 32 to 36


(1) For the purposes of sections 5 to 9, 22 to 26 and 32 to 36, A's purpose was—
(a) obtaining sexual gratification, or
(b) humiliating, distressing or alarming B,
if in all the circumstances of the case it may reasonably be inferred A was doing the thing for the purpose in question.
(2) In applying subsection (1) to determine A's purpose, it is irrelevant whether or not B was in fact humiliated, distressed or alarmed by the thing done by A.

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Source: https://www.legislation.gov.uk/asp/2009/9/section/49 (the official version)
Page: https://openlegislation.uk/sexual-offences-scotland-act-2009/section-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.