Sexual Offences

The law relating to rape and other sexual offences has been largely consolidated in a single Act of the Scottish Parliament – The Sexual Offences (Scotland) Act 2009.

Sexual Offences Lawyers Edinburgh, Scotland

Part One of the 2009 Act puts the traditionally common law offence of rape on a statutory footing and introduces other new offences of penetrative sexual assault and coercing a person to engage in or be present during sexual activity.  This Part of the Act also deals with offences of communicating indecently, voyeurism and sexual exposure.
The issue of consent is dealt with in Part Two of the Sexual Offences Act and provides a list of circumstances in which consent to sexual activity can never be present.  This includes a provision that consent cannot be given where an alleged victim is proved to have become so intoxicated that he or she had lost the capacity to choose whether to participate in sexual activity.

It remains the position that a successful legal defence to a criminal charge of rape or other sexual assault can be advanced if a jury is satisfied that the accused had a reasonable belief that consent had been given in the particular circumstances. The court is now entitled to examine various factors in assessing whether any such belief was reasonably held, such as what steps an accused took to ensure or enquire that the other party was willingly engaged in sexual activity.

Sexual Offences Lawyers Edinburgh, Scotland

Defence representation for allegations and charges of all types of sexual offences including rape, online and internet sexual offence crime, indecent images and more to help you should be accused of a crime you didn’t commit that could threaten your livelihood, reputation and career.

Call us today on 0131 557 9151 (24hrs) for a free, no obligation discussion. Alternatively, request a callback or fill out our online enquiry form.

Get advice now |

Fill in our enquiry form