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Sexual Offences Bill
10/06/2009
MSPs in the Scottish Parliament tonight backed the Sexual Offences (Scotland) Bill to replace a complex mix of common law and statute with a clear legal framework that supports wider work to improve the justice system's response to sex crime.
The new legislation will:
- provide for the first time a statutory definition of consent, as "free agreement", enshrined in the law
- replace the common-law offence of rape with a broader statutory offence (which includes male rape)
- introduce new statutory crimes, including specific offences of sexual assault by penetration and of voyeurism, and others targeting coercive sexual conduct such as the sending of sexually offensive emails or texts, and sexual exposure
- enable Scottish law enforcement agencies to pursue anyone from Scotland who commits a sex crime under Scots law against someone under-18 abroad (including child pornography and child prostitution offences) regardless of the law in that country
- include 'protective offences' to safeguard those with limited or no capacity to consent due to their young age or a mental disorder. This includes equalising at 16 the age of consent for boys and girls
Justice Secretary Kenny MacAskill said:
"Rape is a horrific crime and any sex offence causes understandable public concern. We are working with a range of agencies to continue to improve the justice system's response to such crimes - from investigating allegations to supporting victims and dealing with offenders.
"We have also supported Rape Crisis Scotland, to challenge a significant minority who are still too willing to blame victims rather than perpetrators.
"Ensuring that the law is clear, robust and reflective of the values of modern society is a key element of - indeed a foundation for - this on-going work.
"The Bill builds on and consolidates recent advances in the law and, in particular, provides for the first time in Scots law, a statutory definition of consent - as "free agreement" - making clear to lawyers and members of the public alike what is lawful and what is not.
"I want to thank the Scottish Law Commission for its considered report on which the Bill is based, all those who responded to the various consultations and calls for evidence and MSPs of all parties who have helped us strengthen its provisions throughout the Parliamentary process.
"For the first time our maturing Scottish Parliament has acted to codify an entire area of Scots common law, placing sex offences on the statute book.
"The primacy of Parliament in determining the law of the land is one of the hallmarks of democracy and I regard this Bill as a landmark worthy to mark the 10th anniversary of devolution."
Sandy Brindley of Rape Crisis Scotland added:
"Rape Crisis Scotland welcomes the Parliament's support for the Sexual Offences (Scotland) Bill.
"This marks an important re-framing of our legislation on sexual offences, and provides a much needed broadening of the definition of rape to make it more reflective of women and men's experience of this very serious crime.
"We should be in no doubt, however, that much still needs to be done if we are to significantly improve Scotland's very low conviction rate for rape."