Scottish Government

Group 1: existing relevant offences in the Act

1

Children and Young Persons (Scotland) Act 1937

12

Cruelty to children under 16

15

Causing or allowing children under 16 to be used for begging or procuring alms

22

Exposing a child under 7 to risk of burning

33

Causing or allowing children under 17 to participate in performances which endanger life or limb

2

Civic Government (Scotland) Act 1982

52

Taking, distributing, showing, or publishing etc any indecent photograph or pseudo-photograph of a child

52A

Possessing any indecent photograph or pseudo-photograph of a child

3

Criminal Law (Consolidation) (Scotland) Act 1995

1

Incest by having sexual intercourse with a child

2

Intercourse with a step-child

3

Intercourse of person in position of trust with child under 16

5

Intercourse with girl under 16

6

Indecent behaviour towards girls between 12 and 16

7

Procuring unlawful intercourse etc in relation to a child

8

Abduction and unlawful detention of unmarried girl under 18

9

Permitting girl under 16 to use premises for intercourse

10

Causing or encouraging the seduction of, the prostitution of, unlawful intercourse with or the commission of an indecent assault on a girl under 16

11

Trading in prostitution and brothel-keeping in relation to a child

12

Allowing child who is 4 or over but under 16 to be in a brothel

13(5)(c)

Homosexual acts with a boy under 16

13(6)

Procuring commission of homosexual act between males by procuring, or attempting to procure, a child to commit a homosexual act

4

Sexual Offences (Amendment) Act 2000

3

Sexual activity of person in position of trust with child

5

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

1

Meeting a child following certain preliminary contact

7

Breach of risk of sexual harm order or interim risk of sexual harm order

9

Paying for sexual services of a child

10

Causing or inciting provision by child of sexual services or child pornography

11

Controlling a child providing sexual services or involved in pornography

12

Arranging or facilitating provision by child of sexual services or child pornography

6

Misuse of Drugs Act 1971

4(3)

Offering or supplying controlled drugs in relation to a child

7

N/A

N/A

Any other offence which caused, or was intended to cause, bodily injury to a child

8

N/A

N/A

Any other offence by engaging in lewd, indecent or libidinous practice or behaviour towards a child

Group 2: possible new relevant offences where the the victim is a child

9

Common law

N/A

Rape (female child victim)

10

Common law

N/A

Sodomy without consent (male child victim)

11

Common law

N/A

Cruel and unnatural treatment (of child)

12

Common law

N/A

Incitement (in relation to children engaging in sexual activity)

Indecent practices

13

Criminal Law Amendment Act 1885

3(1)

By threats or intimidation procures or attempts to procure any woman or girl to have unlawful carnal connexion

3(2)

By false pretences or false representations procures any woman or girl to have any unlawful carnal connexion

3(3)

Applies, administers to, or causes to be taken by any woman or girl any drug…to enable any person to have unlawful carnal connexion

4

Any person who unlawfully and carnally knows any girl under the age of 14

5(1)

Any person who unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any girl under the age of 17

8

Any person who detains any woman or girl against her will

11

Gross indecency with another male person

14

Sexual Offences (Scotland) Act 1976

2B

Sexual intercourse with a step-child or former step-child`

15

Children and Young Persons (Harmful Publications) Act 1955

1

Book etc likely to fall into the hands of children or young persons. Pictures portraying the commission of crimes/acts of violence or cruelty/incidents of a repulsive or horrible nature. Work would tend to corrupt a child

2(1)

A person who prints, publishes, sells or lets on hire a work to which the Act applies etc

16

Sexual Offences Act 2003

20

Anything which, if done in England and Wales or Northern Ireland would constitute an offence under any of sections 16-19 is also an offence if done in Scotland. All relate to abuse of position of trust (s16-sexual activity with child; s17-causing or inciting a child to engage in sexual activity; s18-sexual activity in the presence of a child; s19-causing a child to watch a sexual act

17

Common law

N/A

Breach of the peace (where there is an aggravating factor related to sexual activity against a child)

18

Prohibition of Female Genital Mutilation (Scotland) Act 2005

1 and 3

Offence of female genital mutilation

Aiding and abetting female genital mutilation

Group 3: possible new relevant offences where victim is likely to be an adult.

19

Common law

N/A

Rape (female who is incapable, through mental abnormality, of giving proper consent; and all rape)

20

Mental Health (Scotland) Act 1984

106

For a man to have unlawful sexual intercourse with a woman who is protected by the provisions of this section (where the victim is a child)

105(1) and (2)

108(1) and (2)

Ill-treatment and willful neglect of patient with mental disorder

Induces or knowingly assists people detained in hospital etc to absent themselves; harboring patients

109

Refusal to allow inspection of premises etc

21

Mental Health (Care and Treatment) (Scotland) Act 2003

311

Non-consensual sexual acts (where mentally disordered person is a child or adult)

313

Persons providing care services: sexual offences (where mentally disordered person is a child or adult)

315

Ill-treatment and willful neglect of mentally disordered person

22

Common law

N/A

Murder

23

Common law

N/A

Culpable homicide

24

Common law

N/A

Abduction/Plagium

25

Common Law

N/A

Incest - incitement as 'art and part' of the offence

Sexual Offences (Scotland) Act 1976

2A

Incest by a man or by a woman

26

Common law

N/A

Gross indecency

27

Common law

N/A

Assault - sexual element or aggravation.Assault and attempted sodomy

Assault with sexual aggravation

Assault and drugging/assault and poisoning

28

Common law

N/A

Abduction and menaces, threats or attempted theft

29

Common law

N/A

Any cruel and unnatural treatment of any person under his care, or in his power

Willful infliction of unnecessary suffering

30

Criminal Law (Consolidation) (Scotland) Act 1995

13(9)

A person who knowingly lives wholly or in part on the earnings of another from male prostitution or who solicits or importunes any male person for the purpose of procuring the commission of a homosexual act

31

Common law

N/A

Housebreaking - aggravation of crime of attempted rape

Housebreaking with intent and indecent practices

32

Common law

N/A

Drugging (to engage in sexual activity)

33

Asylum and Immigration Act 2004

4

Trafficking people for exploitation

34

Prohibition of Female Genital Mutilation (Scotland) Act 2005

1 and 3

Offence of female genital mutilation

Aiding and abetting female genital mutilation

35

Adults with Incapacity (Scotland) Act 2000

83

Offence of ill treatment and wilful neglect of an adult by a person with powers under the 2000 Act