Sexual Offences (Scotland) Act 2009

1. Introductory Text

2. Part 1 Rape etc.

   1. Rape

      1. 1. Rape

   2. Sexual assault by penetration

      1. 2. Sexual assault by penetration

   3. Sexual assault and other sexual offences

      1. 3. Sexual assault

      2. 4. Sexual coercion

      3. 5. Coercing a person into being present during a sexual activity

      4. 6. Coercing a person into looking at a sexual image

      5. 7. Communicating indecently etc.

      6. 8. Sexual exposure

      7. 9. Voyeurism

      8. 10. Interpretation of section 9

      9. 11. Administering a substance for sexual purposes

3. Part 2 Consent and reasonable belief

   1. Consent

      1. 12. Meaning of “consent” and related expressions

      2. 13. Circumstances in which conduct takes place without free agreement

      3. 14. Consent: capacity while asleep or unconscious

      4. 15. Consent: scope and withdrawal

   2. Reasonable belief

      1. 16. Reasonable belief

4. Part 3 Mentally disordered persons

   1. Mentally disordered persons

      1. 17. Capacity to consent

5. Part 4 Children

   1. Young children

      1. 18. Rape of a young child

      2. 19. Sexual assault on a young child by penetration

      3. 20. Sexual assault on a young child

      4. 21. Causing a young child to participate in a sexual activity

      5. 22. Causing a young child to be present during a sexual activity

      6. 23. Causing a young child to look at a sexual image

      7. 24. Communicating indecently with a young child etc.

      8. 25. Sexual exposure to a young child

      9. 26. Voyeurism towards a young child

      10. 27. Belief that child had attained the age of 13 years

   2. Older children

      1. 28. Having intercourse with an older child

      2. 29. Engaging in penetrative sexual activity with or towards an older child

      3. 30. Engaging in sexual activity with or towards an older child

      4. 31. Causing an older child to participate in a sexual activity

      5. 32. Causing an older child to be present during a sexual activity

      6. 33. Causing an older child to look at a sexual image

      7. 34. Communicating indecently with an older child etc.

      8. 35. Sexual exposure to an older child

      9. 36. Voyeurism towards an older child

      10. 37. Older children engaging in sexual conduct with each other

      11. 38. Penetration and consent for the purposes of section 37

      12. 39. Defences in relation to offences against older children

   3. General

      1. 40. Special provision as regards failure to establish whether child has or has not attained certain ages

      2. 41. Special provision as regards age: deeming provisions

6. Part 5 Abuse of position of trust

   1. Children

      1. 42. Sexual abuse of trust

      2. 43. Positions of trust

      3. 44. Interpretation of section 43

      4. 45. Sexual abuse of trust: defences

   2. Mentally disordered persons

      1. 46. Sexual abuse of trust of a mentally disordered person

      2. 47. Sexual abuse of trust of a mentally disordered person: defences

7. Part 6 Penalties

   1. Penalties

      1. 48. Penalties

8. Part 7 Miscellaneous and general

   1. Miscellaneous

      1. 49. Establishment of purpose for the purposes of sections 5 to 9, 22 to 26 and 32 to 36

      2. 50. Power to convict for offence other than that charged

      3. 51. Exceptions to inciting or being involved art and part in offences under Part 4 or 5

      4. 52. Common law offences

      5. 53. Continuity of law on sexual offences

      6. 54. Incitement to commit certain sexual acts outside the United Kingdom

      7. 55. Offences committed outside the United Kingdom

      8. 56. Continuity of law on sexual offences committed outside the United Kingdom

   2. General provisions

      1. 57. Offences by bodies corporate etc.

      2. 58. Ancillary provision

      3. 59. Orders

      4. 60. Interpretation

      5. 61. Modification of enactments

      6. 62. Short title and commencement

9. 1. Schedule 1

      Relevant sexual offences

      1. Part 1 Offences that may currently be committed

      2. Part 2 Offences replaced by an offence in Part 1 or this Part

   2. Schedule 2

      Penalties

   3. Schedule 3

      Alternative verdicts

   4. Schedule 4

      Listed offences

      1. Part 1 Incitement to commit certain sexual acts outside UK

      2. Part 2 Offences committed outside UK

   5. Schedule 5

      Minor and consequential amendments

   6. Schedule 6

      Repeals