Sexual Offences (Scotland) Bill Committee page
Introduction
The Sexual Offences (Scotland) Bill was introduced in the Parliament on 17 June 2008. The Bill seeks to place existing common law and statutory sexual offences into a single Act and, in doing so, makes a number of important changes to existing law (e.g. in relation to the definition of rape).
Background
The Bill repeals the common law offences of rape, sodomy and clandestine injury to women and a number of statutory sexual offences in addition to creating new statutory offences relating to sexual conduct, in particular where that takes place without consent. It provides a general definition of consent as “free agreement” and supplements this with a non-exhaustive list of factual circumstances in which free agreement, and therefore consent, is not present.
The Bill also creates new ‘protective offences’ which criminalise sexual activity with a person whose capacity to consent to sexual activity is either entirely absent or not fully formed either because of their age or because of a mental disorder. Separate ‘protective’ offences are provided for in respect of sexual activity with young children (under the age of 13) and older children (from age 13 to age 15). In addition, the Bill makes it an offence of ‘abuse of position of trust’ for a person in a position of trust (over a child or person with a mental disorder) to engage in sexual activity with that child or person.
SPICe briefings relating to the Bill (as introduced)
Justice Committee - Stage 1 Scrutiny
Call for evidence
The Committee issued a call for written evidence.
The call for evidence has now closed. Submissions received can be found below.
Oral evidence
The Committee will take evidence on the Bill at its meetings on 28 October, 4, 11, 18 and 25 November 2008. Please follow the links below to the papers, official reports and minutes of the meetings.
Agenda and papers (689 KB pdf)
Official Report
Minutes
Agenda and papers (127 KB pdf)
Official Report
Minutes
Agenda and papers (215 KB pdf)
Official Report
Minutes
Agenda and papers (164 KB pdf)
Official Report
Minutes
Agenda and papers (629 KB pdf)
Official Report
Minutes
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Contact: For specific information on the Bill, please contact Andrew Proudfoot, Assistant Clerk to the Committee, on 0131 348 5047 or email justice.committee@scottish.parliament.uk
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