Sexual Offences (Scotland) Act 2009

49Establishment of purpose for the purposes of sections 5 to 9, 22 to 26 and 32 to 36

This section has no associated Explanatory Notes

(1)For the purposes of sections 5 to 9, 22 to 26 and 32 to 36, A’s purpose was—

(a)obtaining sexual gratification, or

(b)humiliating, distressing or alarming B,

if in all the circumstances of the case it may reasonably be inferred A was doing the thing for the purpose in question.

(2)In applying subsection (1) to determine A’s purpose, it is irrelevant whether or not B was in fact humiliated, distressed or alarmed by the thing done by A.