PART 5Virginity testing and hymenoplasty offences
CHAPTER 1Virginity testing offences
Virginity testing offences: Scotland
140Offence of virginity testing: Scotland
1
It is an offence under the law of Scotland for a person to carry out virginity testing.
2
“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
3
An offence is committed under subsection (1) only if the person—
a
is in Scotland, or
b
is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.
4
“United Kingdom national” means an individual who is—
a
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
b
a person who under the British Nationality Act 1981 is a British subject, or
c
a British protected person within the meaning of that Act.
5
In subsection (2), “female genitalia” means a vagina or vulva.
141Offence of offering to carry out virginity testing: Scotland
1
It is an offence under the law of Scotland—
a
for a person in Scotland to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
b
for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in Scotland.
2
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a
a United Kingdom national, or
b
habitually resident in the United Kingdom.
3
In this section—
“United Kingdom national” has the meaning given by section 140(4);
“virginity testing” has the meaning given by section 140(2).
142Offence of aiding or abetting etc a person to carry out virginity testing: Scotland
1
It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of virginity testing that has a sufficient jurisdictional connection.
2
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
a
in the United Kingdom,
b
a United Kingdom national, or
c
habitually resident in the United Kingdom.
3
This section does not affect the application to an offence under section 140 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.
4
In this section—
“United Kingdom national” has the meaning given by section 140(4);
“virginity testing” has the meaning given by section 140(2).
143Virginity testing offences in Scotland: penalties and supplementary
1
A person who commits an offence under section 140, 141 or 142 is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
2
Where a person outside Scotland commits an offence under section 140, 142 or 143 the person may be prosecuted, tried and punished for the offence—
a
in a sheriff court district in which the person is apprehended or in custody, or
b
in a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district.
3
Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.
4
In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).