Victims, Witnesses, and Justice Reform (Scotland) Act 2025

Schedule 4 Sexual offences

(introduced by section 71)

Part 1 Crimes at common law

Crimes at common law

1 Rape.

2 Clandestine injury to woman.

3 Abduction of woman or girl with intent to rape.

4 Assault with intent to rape or ravish.

5 Indecent assault.

6 Lewd, indecent or libidinous behaviour or practices.

7 Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.

Part 2 Statutory offences

Offences under the Mental Health (Scotland) Act 1984

8 An offence under any of the following provisions of the Mental Health (Scotland) Act 1984—

(a) section 106 (protection of mentally handicapped females),

(b) section 107 (protection of patients).

Offences under the Criminal Law (Consolidation) (Scotland) Act 1995

9 An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 1 (incest),

(b) section 2 (intercourse with a stepchild),

(c) section 3 (intercourse of person in position of trust with child under 16),

(d) section 5 (intercourse with girl under 16),

(e) section 6 (indecent behaviour towards girl between 12 and 16),

(f) section 8 (abduction of girl under 18 for purposes of unlawful intercourse),

(g) section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

Offence under the Sexual Offences (Amendment) Act 2000

10 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003

11 An offence under any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—

(a) section 311(1) (non-consensual sexual acts),

(b) section 311(3) (persons providing care services: sexual offences).

Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005

12 An offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (female genital mutilation).

Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

13 An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

(a) section 1 (meeting a child following certain preliminary contact),

(b) section 9 (paying for sexual services of a child),

(c) section 10 (causing or inciting provision by child of sexual services or child pornography),

(d) section 11 (controlling a child providing sexual services or involved in pornography),

(e) section 12 (arranging or facilitating provision by child of sexual services or child pornography).

Offences under the Sexual Offences (Scotland) Act 2009

14 (1) An offence under any of the following provisions of Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.)—

(a) section 1 (rape),

(b) section 2 (sexual assault by penetration),

(c) section 3 (sexual assault),

(d) section 4 (sexual coercion),

(e) section 5 (coercing a person into being present during a sexual activity),

(f) section 6 (coercing a person into looking at a sexual image),

(g) section 7(1) (communicating indecently),

(h) section 7(2) (causing a person to see or hear an indecent communication),

(i) section 8 (sexual exposure),

(j) section 9 (voyeurism),

(k) section 11 (administering a substance for a sexual purpose).

(2) An offence under any of the following provisions of Part 4 of the Sexual Offences (Scotland) Act 2009 (children)—

(a) section 18 (rape of a young child),

(b) section 19 (sexual assault on a young child by penetration),

(c) section 20 (sexual assault on a young child),

(d) section 21 (causing a young child to participate in a sexual activity),

(e) section 22 (causing a young child to be present during a sexual activity),

(f) section 23 (causing a young child to look at a sexual image),

(g) section 24(1) (communicating indecently with a young child),

(h) section 24(2) (causing a young child to see or hear an incident communication),

(i) section 25 (sexual exposure to a young child),

(j) section 26 (voyeurism towards a young child),

(k) section 28 (having intercourse with an older child),

(l) section 29 (engaging in penetrative sexual activity with or towards an older child),

(m) section 30 (engaging in sexual activity with or towards an older child),

(n) section 31 (causing an older child to participate in a sexual activity),

(o) section 32 (causing an older child to be present during a sexual activity),

(p) section 33 (causing an older child to look at a sexual image),

(q) section 34(1) (communicating indecently with an older child),

(r) section 34(2) (causing an older child to see or hear an indecent communication),

(s) section 35 (sexual exposure to an older child),

(t) section 36 (voyeurism towards an older child),

(u) section 37(1) (engaging while an older child in sexual conduct with or towards another older child),

(v) section 37(4) (engaging while an older child in consensual sexual conduct with another older child).

(3) An offence under any of the following provisions of Part 5 of the Sexual Offences (Scotland) Act 2009—

(a) section 42 (sexual abuse of trust),

(b) section 46 (sexual abuse of trust of a mentally disordered person).

(4) Any of the following offences set out in schedule 3 of the Sexual Offences (Scotland) Act 2009—

(a) abduction with intent to commit rape under section 1 (rape),

(b) abduction with intent to commit rape under section 18 (rape of a young child),

(c) assault with intent to commit rape under section 1 (rape),

(d) assault with intent to commit rape under section 18 (rape of a young child).

Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

15 An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing, or threatening to disclose, an intimate photograph or film).

Offence under the Domestic Abuse (Scotland) Act 2018

16 An offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner), where it is apparent from the offence as charged in the indictment that there was a substantial sexual element present in the alleged commission of the offence.

Offences under the Health and Care Act 2022

17 An offence under any of the following provisions of the Health and Care Act 2022—

(a) section 140 (virginity testing),

(b) section 141 (offering to carry out virginity testing),

(c) section 142 (aiding or abetting etc. a person to carry out virginity testing),

(d) section 152 (hymenoplasty),

(e) section 153 (offering to carry out hymenoplasty),

(f) section 154 (aiding or abetting etc. a person to carry out hymenoplasty).