The Law

The Law

In Scotland, the Law says the following about rape and sexual assault:

Rape, attempted rape and assault with intent to rape:

  • Rape is when a man uses his penis to penetrate someone's vagina, anus or mouth without their consent (the person did not agree to it). The victim of the offence can be any gender.
  • Attempted rape is when a man tries to rape someone but does not manage to.
  • Assault with intent to rape is when a man intends to rape someone and assaults them but his conduct does not amount to a charge of attempted rape.

Sexual assault by penetration and sexual assault:

  • Sexual assault by penetration is when the attacker sexually penetrates the vagina or anus of the victim without their consent. The penetration could involve a part of the attacker's body (for example a finger) or an object (for example a bottle or a vibrator). The attacker might also use his penis. There is overlap between the offences of rape and sexual assault by penetration. This is to cover cases where the victim is not sure if they were penetrated by a penis, for example, because they were blindfolded at the time.
  • Sexual assault makes it a crime for the attacker to do any of the following without the victim's consent or any reasonable belief that they consented:
  • sexually penetrate the vagina, anus or mouth
  • sexually touch the victim
  • engage in any other form of sexual activity which results in physical contact with the victim, directly, through clothing, with a part of the body or an object
  • ejaculate semen onto the victim or urinate or emit saliva onto the victim sexually

There are various other offences with which someone might be charged including:

  • sexual coercion (intended mainly to cover situations where someone forces someone else to have sex with another person)
  • offences concerning unlawful sexual activity with children under 16
  • sexual abuse of trust involving children - any sexual activity by someone over 18 with someone under 18 to whom the attacker is in a position of trust, for example a carer or a teacher
  • sexual abuse of trust involving mentally disordered persons - any sexual activity with someone who suffers from a mental disorder and to whom the attacker is in a position of trust
  • administering a substance (giving someone alcohol or drugs) for sexual purposes
  • incest - sexual intercourse between people related to one another (as specified by law)
  • communicating indecently
  • sexual exposure
  • voyeurism


(from https://www.gov.scot/publications/information-help-rape-sexual-assault/pages/7/)

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