http://www.legislation.gov.uk/asp/2009/9/part/1Sexual Offences (Scotland) Act 2009An Act of the Scottish Parliament to make new provision about sexual offences, and for connected purposes.texttext/xmlenStatute Law Database2024-06-19Expert Participation2021-06-29 Sexual Offences (Scotland) Act 2009s. 55(7A)Crime and Policing Act 2026s. 74(3)(a)s. 255(1)s. 255(10)(d)Sexual Offences (Scotland) Act 2009Sch. 4 para. 12ACrime and Policing Act 2026s. 74(3)(b)s. 255(1)s. 255(10)(d)Sexual Offences (Scotland) Act 2009s. 41A 41BCrime and Policing Act 2026s. 76(1)s. 255(1)s. 255(10)(d) Part 1 11If a person (“A”), with A's penis—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.2For the purposes of this section, penetration is a continuing act from entry until withdrawal of the penis; but this subsection is subject to subsection (3).3In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.4In this Act—“penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and“vagina” includes—athe vulva, andba surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B, having been created in the course of such treatment.21If a person (“A”), with any part of A's body or anything else—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,penetrates sexually to any extent, either intending to do so or reckless as to whether there is penetration, the vagina or anus of B then A commits an offence, to be known as the offence of sexual assault by penetration.2For the purposes of this section, penetration is a continuing act from entry to withdrawal of whatever is intruded; but this subsection is subject to subsection (3).3In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.4Without prejudice to the generality of subsection (1), the reference in that subsection to penetration with any part of A's body is to be construed as including a reference to penetration with A's penis.31If a person (“A”)—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,does any of the things mentioned in subsection (2), then A commits an offence, to be known as the offence of sexual assault.2Those things are, that A—apenetrates sexually, by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B,bintentionally or recklessly touches B sexually,cengages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact (whether bodily contact or contact by means of an implement and whether or not through clothing) with B,dintentionally or recklessly ejaculates semen onto B,eintentionally or recklessly emits urine or saliva onto B sexually.3For the purposes of paragraph (a) of subsection (2), penetration is a continuing act from entry until withdrawal of whatever is intruded; but this subsection is subject to subsection (4).4In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (3) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time.5Without prejudice to the generality of paragraph (a) of subsection (2), the reference in the paragraph to penetration by any means is to be construed as including a reference to penetration with A's penis.4If a person (“A”)—awithout another person (“B”) consenting to participate in a sexual activity, andbwithout any reasonable belief that B consents to participating in that activity,intentionally causes B to participate in that activity, then A commits an offence, to be known as the offence of sexual coercion.51If a person (“A”)—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,either intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of B or intentionally and for a purpose mentioned in that subsection causes B to be present while a third person engages in such an activity, then A commits an offence, to be known as the offence of coercing a person into being present during a sexual activity.2The purposes are—aobtaining sexual gratification,bhumiliating, distressing or alarming B.3Without prejudice to the generality of subsection (1), the reference in that subsection—ato A engaging in a sexual activity in the presence of B, includes a reference to A engaging in it in a place in which A can be observed by B other than by B looking at an image, andbto B being present while a third person engages in such an activity, includes a reference to B being in a place from which the third person can be so observed by B.61If a person (“A”) intentionally and for a purpose mentioned in subsection (2) causes another person (“B”)—awithout B consenting, andbwithout any reasonable belief that B consents,to look at a sexual image, then A commits an offence, to be known as the offence of coercing a person into looking at a sexual image.2The purposes are—aobtaining sexual gratification,bhumiliating, distressing or alarming B.3For the purposes of subsection (1), a sexual image is an image (produced by whatever means and whether or not a moving image) of—aA engaging in a sexual activity or of a third person or imaginary person so engaging,bA's genitals or the genitals of a third person or imaginary person.71If a person (“A”), intentionally and for a purpose mentioned in subsection (3), sends, by whatever means, a sexual written communication to or directs, by whatever means, a sexual verbal communication at, another person (“B”)—awithout B consenting to its being so sent or directed, andbwithout any reasonable belief that B consents to its being so sent or directed,then A commits an offence, to be known as the offence of communicating indecently.2If, in circumstances other than are as mentioned in subsection (1), a person (“A”), intentionally and for a purpose mentioned in subsection (3), causes another person (“B”) to see or hear, by whatever means, a sexual written communication or sexual verbal communication—awithout B consenting to seeing or as the case may be hearing it, andbwithout any reasonable belief that B consents to seeing or as the case may be hearing it,then A commits an offence, to be known as the offence of causing a person to see or hear an indecent communication.3The purposes are—aobtaining sexual gratification,bhumiliating, distressing or alarming B.4In this section—“written communication” means a communication in whatever written form, and without prejudice to that generality includes a communication which comprises writings of a person other than A (as for example a passage in a book or magazine), and“verbal communication” means a communication in whatever verbal form, and without prejudice to that generality includes—a communication which comprises sounds of sexual activity (whether actual or simulated), anda communication by means of sign language.81If a person (“A”)—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,intentionally and for a purpose mentioned in subsection (2), exposes A's genitals in a sexual manner to B with the intention that B will see them, then A commits an offence, to be known as the offence of sexual exposure.2The purposes are—aobtaining sexual gratification,bhumiliating, distressing or alarming B.91A person (“A”) commits an offence, to be known as the offence of voyeurism, if A does any of the things mentioned in subsections (2) to (5).2The first thing is that A—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,for a purpose mentioned in subsection (6) observes B doing a private act.3The second thing is that A—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,operates equipment with the intention of enabling A or another person (“C”), for a purpose mentioned in subsection (7), to observe B doing a private act.4The third thing is that A—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,records B doing a private act with the intention that A or another person (“C”), for a purpose mentioned in subsection (7), will look at an image of B doing the act.4AThe fourth thing is that A—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,operates equipment beneath B's clothing with the intention of enabling A or another person (“C”), for a purpose mentioned in subsection (7), to observe B's genitals or buttocks (whether exposed or covered with underwear) or the underwear covering B's genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible.4BThe fifth thing is that A—awithout another person (“B”) consenting, andbwithout any reasonable belief that B consents,records an image beneath B's clothing of B's genitals or buttocks (whether exposed or covered with underwear) or the underwear covering B's genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible, with the intention that A or another person (“C”), for a purpose mentioned in subsection (7), will look at the image.5The sixth thing is that A—ainstalls equipment, orbconstructs or adapts a structure or part of a structure, with the intention of enabling A or another person to do an act referred to in subsection (2), (3), (4), (4A) or (4B).6The purposes referred to in subsection (2) are—aobtaining sexual gratification,bhumiliating, distressing or alarming B.7The purposes referred to in subsections (3) , (4), (4A) and (4B) are—aobtaining sexual gratification (whether for A or C),bhumiliating, distressing or alarming B.101For the purposes of section 9, a person is doing a private act if the person is in a place which in the circumstances would reasonably be expected to provide privacy, and—athe person's genitals, buttocks or breasts are exposed or covered only with underwear,bthe person is using a lavatory, orcthe person is doing a sexual act that is not of a kind ordinarily done in public.2For the purposes of section 9(3) and (4A), operating equipment includes enabling or securing its activation by another person without that person's knowledge.3In section 9(5), “structure” includes a tent, vehicle or vessel or other temporary or movable structure.111If a person (“A”) intentionally administers a substance to, or causes a substance to be taken by, another person (“B”)—awithout B knowing, andbwithout any reasonable belief that B knows,and does so for the purpose of stupefying or overpowering B, so as to enable any person to engage in a sexual activity which involves B, then A commits an offence, to be known as the offence of administering a substance for sexual purposes.2For the purposes of subsection (1), if A, whether by act or omission, induces in B a reasonable belief that the substance administered or taken is (either or both)—aof a substantially lesser strength, orbin a substantially lesser quantity,than it is, any knowledge which B has (or belief as to knowledge which B has) that it is being administered or taken is to be disregarded.S. 1 wholly in force; s. 1(4) in force at Royal Assent see s. 62(2); s. 1 otherwise in force at 1.12.2010 by S.S.I. 2010/357, art. 2(a)S. 9(4A)(4B) inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(2)(a), 206; S.S.I. 2010/357, art. 2(b)Word in s. 9(5) subsitituted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(2)(b)(i), 206; S.S.I. 2010/357, art. 2(b)S. 9(5)(b) subsitituted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(2)(b)(ii), 206; S.S.I. 2010/357, art. 2(b)Words in s. 9(7) subsitituted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(2)(c), 206; S.S.I. 2010/357, art. 2(b)Words in s. 10(2) inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(3), 206; S.S.I. 2010/357, art. 2(b)