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Sexual Offences (Scotland) Act 2009
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- Part 2
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
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Prospective
Part 2 SConsent and reasonable belief
ConsentS
12Meaning of “consent” and related expressionsS
In Parts 1 and 3, “consent” means free agreement (and related expressions are to be construed accordingly).
13Circumstances in which conduct takes place without free agreementS
(1)For the purposes of section 12, but without prejudice to the generality of that section, free agreement to conduct is absent in the circumstances set out in subsection (2).
(2)Those circumstances are—
(a)where the conduct occurs at a time when B is incapable because of the effect of alcohol or any other substance of consenting to it,
(b)where B agrees or submits to the conduct because of violence used against B or any other person, or because of threats of violence made against B or any other person,
(c)where B agrees or submits to the conduct because B is unlawfully detained by A,
(d)where B agrees or submits to the conduct because B is mistaken, as a result of deception by A, as to the nature or purpose of the conduct,
(e)where B agrees or submits to the conduct because A induces B to agree or submit to the conduct by impersonating a person known personally to B, or
(f)where the only expression or indication of agreement to the conduct is from a person other than B.
(3)References in this section to A and to B are to be construed in accordance with sections 1 to 9.
14Consent: capacity while asleep or unconsciousS
(1)This section applies in relation to sections 1 to 9.
(2)A person is incapable, while asleep or unconscious, of consenting to any conduct.
15Consent: scope and withdrawalS
(1)This section applies in relation to sections 1 to 9.
(2)Consent to conduct does not of itself imply consent to any other conduct.
(3)Consent to conduct may be withdrawn at any time before, or in the case of continuing conduct, during, the conduct.
(4)If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place, or continues to take place, without consent.
Reasonable beliefS
16Reasonable beliefS
In determining, for the purposes of Part 1, whether a person's belief as to consent or knowledge was reasonable, regard is to be had to whether the person took any steps to ascertain whether there was consent or, as the case may be, knowledge; and if so, to what those steps were.
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