Sexual Offences (Scotland) Act 2009
Sexual Offences (Scotland) Act 2009 (2009 asp 9)
- Sexual Offences (Scotland) Act 2009 (2009 asp 9)
- Part 1 Rape etc.
- Rape
- 1 Rape
- Sexual assault by penetration
- 2 Sexual assault by penetration
- Sexual assault and other sexual offences
- 3 Sexual assault
- 4 Sexual coercion
- 5 Coercing a person into being present during a sexual activity
- 6 Coercing a person into looking at a sexual image
- 7 Communicating indecently etc.
- 8 Sexual exposure
- 9 Voyeurism
- 10 Interpretation of section 9
- 11 Administering a substance for sexual purposes
- Part 2 Consent and reasonable belief
- Consent
- 12 Meaning of “consent” and related expressions
- 13 Circumstances in which conduct takes place without free agreement
- 14 Consent: capacity while asleep or unconscious
- 15 Consent: scope and withdrawal
- Reasonable belief
- 16 Reasonable belief
- Part 3 Mentally disordered persons
- Mentally disordered persons
- 17 Capacity to consent
- Part 4 Children
- Young children
- 18 Rape of a young child
- 19 Sexual assault on a young child by penetration
- 20 Sexual assault on a young child
- 21 Causing a young child to participate in a sexual activity
- 22 Causing a young child to be present during a sexual activity
- 23 Causing a young child to look at a sexual image
- 24 Communicating indecently with a young child etc.
- 25 Sexual exposure to a young child
- 26 Voyeurism towards a young child
- 27 Belief that child had attained the age of 13 years
- Older children
- 28 Having intercourse with an older child
- 29 Engaging in penetrative sexual activity with or towards an older child
- 30 Engaging in sexual activity with or towards an older child
- 31 Causing an older child to participate in a sexual activity
- 32 Causing an older child to be present during a sexual activity
- 33 Causing an older child to look at a sexual image
- 34 Communicating indecently with an older child etc.
- 35 Sexual exposure to an older child
- 36 Voyeurism towards an older child
- 37 Older children engaging in sexual conduct with each other
- 38 Penetration and consent for the purposes of section 37
- 39 Defences in relation to offences against older children
- General
- 40 Special provision as regards failure to establish whether child has or has not attained certain ages
- 41 Special provision as regards age: deeming provisions
- Part 5 Abuse of position of trust
- Children
- 42 Sexual abuse of trust
- 43 Positions of trust
- 44 Interpretation of section 43
- 45 Sexual abuse of trust: defences
- Mentally disordered persons
- 46 Sexual abuse of trust of a mentally disordered person
- 47 Sexual abuse of trust of a mentally disordered person: defences
- Part 6 Penalties
- Penalties
- 48 Penalties
- Part 7 Miscellaneous and general
- Miscellaneous
- 49 Establishment of purpose for the purposes of sections 5 to 9, 22 to 26 and 32 to 36
- 50 Power to convict for offence other than that charged
- 51 Exceptions to inciting or being involved art and part in offences under Part 4 or 5
- 52 Common law offences
- 53 Continuity of law on sexual offences
- 54 Incitement to commit certain sexual acts outside Scotland
- 54A Offences committed outside Scotland
- 54B Offence committed by virtue of section 54A(1): limitations on prosecution
- 54C Listed offence: limitations on prosecution if country not specified
- 54D Offences committed outside the United Kingdom: adult victims
- 55 Offences committed outside the United Kingdom : child victims
- 56 Section 55: continuity of law
- General provisions
- 57 Offences by bodies corporate etc.
- 58 Ancillary provision
- 59 Orders
- 60 Interpretation
- 61 Modification of enactments
- 62 Short title and commencement
- SCHEDULE 1 Relevant sexual offences
- Part 1 Offences that may currently be committed
- Part 2 Offences replaced by an offence in Part 1 or this Part
- SCHEDULE 2 Penalties
- SCHEDULE 3 Alternative verdicts
- SCHEDULE 4 Listed offences
- Part 1 Incitement to commit certain sexual acts outside UK
- Part 2 Offences committed outside UK
- SCHEDULE 5 Minor and consequential amendments
- The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
- The Criminal Procedure (Scotland) Act 1995 (c. 46)
- The Criminal Injuries Compensation Act 1995 (c. 53)
- The Protection of Children (Scotland) Act 2003 (asp 5)
- The Sexual Offences Act 2003 (c. 42)
- The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
- SCHEDULE 6 Repeals
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