Register to receive email news alerts, daily digest, weekly roundup or Topic newsletters.
Part 4 of the Sexual Offences (Scotland) Act 2009 provides for offences criminalising sexual activity with a child under the age of 16, the 'age of consent'. Part 5 of the Act provides for offences concerning sexual abuse of trust. The Act provides that it shall be an offence for a person in a position of trust over a child under the age of 18 or a person with a mental disorder to engage in sexual activity with that child or person. A summary of the main provisions of the 2009 Act and detailed Guidance is available.
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 provides for an offence of 'grooming' which makes it an offence for a person to meet or travel to meet children for the purposes of committing a sexual offence following earlier communications and for specific offences concerning the sexual exploitation of children under the age of 18 through prostitution or pornography. It introduces Risk of Sexual Harm Orders, a new civil order aimed at protecting children from those who display inappropriate sexual behaviour towards them and extends the use of Sexual Offence Prevention Orders, so that they can be applied to those convicted of sex offences by the court when they are sentenced
Guidance on the Act has been published to assist practitioners. Information is also available on the consultation undertaken in 2004 before the Act was introduced, including responses received and an analysis of those responses.
The sale, publication and possession of indecent images of children under the age of 18 is prohibited by Section 52 and Section 52A of the 1982 Act (as amended by the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005).
Information on what the Scottish Government is doing to tackle the problem of child trafficking can be found on the human trafficking section of the Scottish Government website.
There are a number of international instruments concerning the sexual abuse and sexual exploitation of children. In 2004, the EU agreed Framework Decision 2004/68/JHA on combating the sexual exploitation of children and child pornography. The European Commission have put forward a proposal for a Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography, which would repeal and replace the existing Framework Decision.
The UK has signed, but not yet ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
Information on child protection more generally can be found on the Child Protection pages of the Scottish Government website.
Page updated: Friday, January 14, 2011