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Sexual Offences (Scotland) Act 2009

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Sexual Offences (Scotland) Act 2009. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act – an Overview

  3. Commentary on Sections

    1. Part One – Rape Etc

      1. Section 1 – Rape

      2. Section 2 – Sexual assault by penetration

      3. Section 3 – Sexual assault

      4. Section 4 – Sexual coercion

      5. Section 5 – Coercing a person into being present during a sexual activity

      6. Section 6 - Coercing a person into looking at a sexual image

      7. Section 7 – Communicating indecently etc.

      8. Section 8 – Sexual exposure

      9. Section 9 – Voyeurism

      10. Section 10 – Interpretation of section 9

      11. Section 11 – Administering a substance for sexual purposes

    2. Part 2 – Consent and Reasonable Belief

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

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

      3. Section 14 – Consent: capacity while asleep or unconscious

      4. Section 15 – Consent: scope and withdrawal

      5. Section 16 – Reasonable belief

    3. Part 3 – Mentally Disordered Persons

      1. Section 17 – Capacity to consent

    4. Part 4 – Children

      1. Young Children

        1. Section 18 – Rape of a young child

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

        3. Section 20 – Sexual assault on a young child

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

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

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

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

        8. Section 25 – Sexual exposure to a young child

        9. Section 26 – Voyeurism towards a young child

        10. Section 27 – Belief that a child has attained the age of 13 years

      2. Older Children

        1. Section 28 – Having intercourse with an older child

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

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

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

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

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

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

        8. Section 35 – Sexual exposure to an older child

        9. Section 36 – Voyeurism towards an older child

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

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

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

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

        14. Section 41 – Special provision as regards age: deeming provisions

    5. Part 5 – Abuse of Position of Trust

      1. Section 42 – Sexual abuse of trust

      2. Section 43 – Positions of trust

      3. Section 44 – Interpretation of section 43

      4. Section 45 – Sexual abuse of trust: defences

      5. Section 46 – Sexual abuse of trust of a mentally disordered person

      6. Section 47 - Sexual abuse of a mentally disordered person: defences

    6. Part 6 – Penalties

      1. Section 48 – Penalties

    7. Part 7 – Miscellaneous and General

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

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

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

      4. Section 52 – Common law offences

      5. Section 53– Continuity of law on sexual offences

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

      7. Section 55 – Offences committed outside the United Kingdom

      8. Section 56 – Continuity of sexual offences committed abroad

      9. Section 57 – Offences by bodies corporate etc.

      10. Section 58 – Ancillary provision

      11. Section 59 – Orders

      12. Section 60 – Interpretation

      13. Section 61 – Modification of enactments

      14. Section 62 – Short title and commencement

      15. Parliamentary Stages

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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