Sexual Offences (Scotland) Act 2009 Explanatory Notes

Section 28 – Having intercourse with an older child

79.This section creates the offence of “having intercourse with an older child”. It provides that the offence may be committed only by a person aged 16 or over. A person will commit an offence under this section by intentionally or recklessly penetrating, with their penis, the vagina, anus or mouth of an older child.

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