PART XIII

Miscellaneous

Dockets and charges in sex cases

Aggravation by intent to rape
288BC
1
Subsection (2) applies as respects a qualifying offence charged in an indictment or a complaint.
2
Any specification in the charge that the offence is with intent to rape (however construed) may be given by referring to the statutory offence of rape.
3
In this section—
a
the reference to a qualifying offence is to an offence of assault or abduction (and includes attempt, conspiracy or incitement to commit such an offence),
b
the reference to the statutory offence of rape is (as the case may be) to—
i
the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
ii
the offence of rape of a young child under section 18 of that Act.
Ss. 288BA-288BC inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 63, 206(1); S.S.I. 2010/357, art. 2(b)