- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies for the purposes of section 37.
(2)Penetration is a continuing act from entry until withdrawal of whatever is intruded.
(3)“Consent” means free agreement (and related expressions are to be construed accordingly).
(4)Without prejudice to the generality of subsection (3), free agreement to conduct is absent in the circumstances set out in section 13(2) (references in that section to A and B being construed in accordance with section 37).
(5)A person is incapable, while asleep or unconscious, of consenting to any conduct.
(6)Consent to conduct does not of itself imply consent to any other conduct.
(7)Consent to conduct may be withdrawn at any time before, or in the case of continuing conduct, during, the conduct.
(8)If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place, or continues to take place, without consent.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: