Sexual Offences (Scotland) Act 2009 Explanatory Notes

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