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Bid to strengthen sex crime laws | Bid to strengthen sex crime laws |
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A sex crime legislation overhaul plans to toughen laws on rape, consent, spiking drinks and offensive e-mails and texts. | A sex crime legislation overhaul plans to toughen laws on rape, consent, spiking drinks and offensive e-mails and texts. |
Under the Scottish Government bill, consent would be defined in law, creating a broader statutory offence, which includes male rape. | Under the Scottish Government bill, consent would be defined in law, creating a broader statutory offence, which includes male rape. |
There would also be new offences for sexually offensive e-mails and texts and spiking people's drinks. | There would also be new offences for sexually offensive e-mails and texts and spiking people's drinks. |
But sex between consenting 13 to 15-year-olds would remain a crime. | But sex between consenting 13 to 15-year-olds would remain a crime. |
Introducing the Sexual Offences (Scotland) Bill, based on proposals from the Scottish Law Commission, Justice Secretary Kenny MacAskill said it represented a chance to clarify and strengthen the law on rape and sexual offences. | |
This is a once in a generation opportunity for parliament to review, reform and clarify the complex mix of common law and statute Kenny MacAskillJustice Secretary | This is a once in a generation opportunity for parliament to review, reform and clarify the complex mix of common law and statute Kenny MacAskillJustice Secretary |
As well as a broader definition of rape, the bill creates a range of statutory sexual offences and a definition of consent based on "free agreement", with illustrative scenarios. | As well as a broader definition of rape, the bill creates a range of statutory sexual offences and a definition of consent based on "free agreement", with illustrative scenarios. |
One of these scenarios would be where a victim was incapable through alcohol or other substances. | One of these scenarios would be where a victim was incapable through alcohol or other substances. |
Another factor which makes the new definition of rape broader than the old one is the issue of "reasonable" consent. | Another factor which makes the new definition of rape broader than the old one is the issue of "reasonable" consent. |
At present, an accused person must merely have an "honest or genuine" belief that a victim consented, said the policy document. In future, however, that belief must also be a "reasonable" belief. | At present, an accused person must merely have an "honest or genuine" belief that a victim consented, said the policy document. In future, however, that belief must also be a "reasonable" belief. |
It also includes "protective offences" and will continue to treat sexual intercourse with, or between, under-16s as unlawful. | It also includes "protective offences" and will continue to treat sexual intercourse with, or between, under-16s as unlawful. |
CASES WHICH PROMPTED THE REVIEW OF RAPE LAW Rape tourist wins freedom appealJudge dismisses rape charge | CASES WHICH PROMPTED THE REVIEW OF RAPE LAW Rape tourist wins freedom appealJudge dismisses rape charge |
Mr MacAskill said: "There is widespread agreement that the existing law is unclear and derives from time with very different attitudes from today. | Mr MacAskill said: "There is widespread agreement that the existing law is unclear and derives from time with very different attitudes from today. |
"This is a once in a generation opportunity for parliament to review, reform and clarify the complex mix of common law and statute with a clear legal framework that more accurately reflects the values of modern society. | "This is a once in a generation opportunity for parliament to review, reform and clarify the complex mix of common law and statute with a clear legal framework that more accurately reflects the values of modern society. |
"Of course, reform of rape law will not, on its own, improve low conviction rates. | "Of course, reform of rape law will not, on its own, improve low conviction rates. |
"Other ongoing work is vital - improving investigation and prosecution of rape and sexual assault, reviewing law of evidence and challenging public attitudes to rape and sexual assault." | "Other ongoing work is vital - improving investigation and prosecution of rape and sexual assault, reviewing law of evidence and challenging public attitudes to rape and sexual assault." |
The secretary said the proposal to decriminalise sex between 13 and 15-year-olds were rejected to make clear society does not encourage sex between children. | The secretary said the proposal to decriminalise sex between 13 and 15-year-olds were rejected to make clear society does not encourage sex between children. |
Scotland's chief police officers welcomed the proposals to clarify the sex crime laws. | Scotland's chief police officers welcomed the proposals to clarify the sex crime laws. |
Family protection spokesman for the Association of Chief Police Officers in Scotland (Acpos) Deputy Chief Constable Tom Halpin said: "We particularly welcome reform in addressing previous disparity in terms of gender-specific sexual offences, such as rape. | Family protection spokesman for the Association of Chief Police Officers in Scotland (Acpos) Deputy Chief Constable Tom Halpin said: "We particularly welcome reform in addressing previous disparity in terms of gender-specific sexual offences, such as rape. |
"The proposal to bring the law up-to-date in this area, giving equal status to men and women, boys and girls, as well as clarity to issues around consent, is a positive amendment to existing legislative provision." | "The proposal to bring the law up-to-date in this area, giving equal status to men and women, boys and girls, as well as clarity to issues around consent, is a positive amendment to existing legislative provision." |