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Sexual Offences (Scotland) Act 2009
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51Exceptions to inciting or being involved art and part in offences under Part 4 or 5
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A person (“X”) is not guilty of inciting, or being involved art and part in, an offence under Part 4 or 5 if, as regards another person (“Y”), X acts—
(a)for the purpose of—
(i)protecting Y from sexually transmitted infection,
(ii)protecting the physical safety of Y,
(iii)preventing Y from becoming pregnant, or
(iv)promoting Y’s emotional well-being by the giving of advice, and
(b)not for the purpose of—
(i)obtaining sexual gratification,
(ii)humiliating, distressing or alarming Y, or
(iii)causing or encouraging the activity constituting the offence or Y’s participation in it.
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