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Sexual Offences (Scotland) Act 2009

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11Administering a substance for sexual purposesS

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(1)If a person (“A”) intentionally administers a substance to, or causes a substance to be taken by, another person (“B”)—

(a)without B knowing, and

(b)without 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.

(2)For 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)—

(a)of a substantially lesser strength, or

(b)in 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.

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