This item was published during the term of a previous administration that ended in April 2007
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Review of rape and sexual offences law
03/06/2004
First Minister Jack McConnell today announced that the Scottish Law Commission is to carry out a wide-ranging and comprehensive review of the criminal law in Scotland in relation to rape and other sexual offences.
Responding to a Parliamentary Question from Alex Neil MSP, the FM said that Justice Minister Cathy Jamieson had contacted the Chair of the Scottish Law Commission to ask that the body review the law relating to sexual offences.
In her letter to The Hon Lord Eassie, Ms Jamieson has asked that the review consider:
The law and definition of rape and its proof
The common law and statutory provisions relating to sexual offences in general, and proof of such offences - with particular regard to gender and equality issues in statutory provisions and any anomalies or gaps
Ms Jamieson said:
"Non-consensual sexual activity of any sort is a serious criminal offence and the law has a wide range of provisions available, both at statute and common law, to deal with these offences. It is a priority for the Executive to ensure that the law and the criminal justice system properly protects victims of sex offences and we have already made changes in these areas.
"However recent cases have highlighted very serious concerns about existing laws around sexual offences. No victim of a sexual offence should be dissuaded from coming forward because they fear that the law is unclear, that it is against them as a victim, or that their experiences will not be taken seriously. That is why I have asked the Scottish Law Commission to take forward a root and branch review of existing sexual offences law.
"Such a review is necessary and must be comprehensive. Sexual assaults are despicable crimes and our police and courts must be able to treat them as such.
"The Crown Office and Procurator Fiscal Service is currently carrying out a review of the prosecution of rape and serious sexual offences. That work - combined with what we have asked the Scottish Law Commission to take forward - can help us deliver a safer, stronger Scotland."
The SLC was set up by the Law Commissions Act 1965 to offer the government independent advice in recommending reforms to improve, simplify and update the law of Scotland.