If you`ve been raped or sexually assaulted in the last 7 days and don`t want to tell the police or don`t know if you should tell them, you can refer to a SARCS yourself. SARCS provides health care and support and you don`t need a doctor to refer you, you can do it yourself. Ask a young child to present or watch sexual activity (under 13)1 You can change your mind. If you first wanted to have sex, but then decided not to, that`s fine and no one has the right to force you to continue. If they don`t stop, then what they are doing is sexual assault or rape. 54. Incitement to certain sexual acts outside Scotland Sections 18 to 47 of the Act deal with sexual offences involving children and carers, such as persons with mental disorders. The age of consent under Scots law is 16, with the Act defining offences against “young children” (under 13), including “rape of a young child” (section 18,[11] the equivalent of lawful rape) and offences against “older children” (at least 13 but under 16), including “sexual intercourse with an older child” (section 28). [12] This article establishes the criminal offence of rape. This is the first legal definition of rape in Scots law; Prior to this legislation, the offence was defined at common law. Male rape is also included in the crime of rape; Prior to this new definition, rape was defined as non-consensual vaginal intercourse imposed by a man on a woman.
When HMICS published an earlier criminal record review in 2013, it recommended reviewing and clarifying the definition of aggravated assault in the Scottish Crime Registration Standard (CSIS), with some police officers calling for more clarity in existing guidelines. In response, enhanced guidelines on the interpretation of serious bodily harm were introduced in January 2015. A forensic examination (FME) is part of the health care process following rape or sexual assault. You can decide if you want to have an FME. For more information on forensic examinations and health care, see the Scottish Government`s guidelines. An attacker could also use his penis. There is an overlap between the offences of “rape” and “penetrative sexual assault”. 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. In the case of sexual assault, the alternatives are: It can be difficult to report rape or sexual assault to the police. Before making a decision, you should seek advice from an organisation such as Rape Crisis Scotland.
The Act contains a definition of “consent”; It states that the term `consent` means free consent (and related terms should be interpreted accordingly).” [7] According to the law, a number of circumstances in which the victim is unable to give consent (e.g. incapacity for work due to alcohol consumption) are illegal. [8] A Scottish Government spokesperson said the law provided “a clear legal framework reflecting the values of modern society”. [9] Rape and sexual assault can have serious short- and long-term physical, mental, sexual and reproductive health effects. Rape Crisis Scotland runs a helpline that provides free and confidential support and information to anyone who has experienced any form of sexual violence at any time in their lives. Rape Crisis Scotland is the national office of a network of local rape crisis centres across Scotland. While rape and sexual assault can happen to anyone, regardless of gender, sexual identity or gender, the main risk is being a woman. A task force was established in 2017 to provide national leadership to improve forensic and medical services for victims of sexual crimes. It was chaired by the Chief Medical Officer (CMO) for Scotland. Encourage a young boy (under the age of 13) to participate in sexual activity1 If you or someone you love has been raped or sexually assaulted, know that you are not alone. Whoever you are, whatever the situation and whenever the crime has occurred, we can help you. The following table provides a list of the offences included in this calculation.
It should be noted that this is most likely an undercount of sexual crimes involving a victim under the age of 18, as some of these crimes can be classified as crimes for which the age of the victim is not reported. This includes targeting someone they believe to be a child (e.g., through cybernetic sexual offences). It may be helpful to understand the legal definitions of consent and the different sexual offences. The charges that can be laid depend on the nature of the attack. Consent can never be presumed, even in a relationship or marriage. It doesn`t matter what you were wearing at the time or how you behaved – sexual activity without your consent is rape or sexual assault. In 2004, the Scottish Law Commission began considering a request from the Scottish Executive to “review the Rape and Other Sexual Offences Act and the evidentiary requirements for proving these offences and make recommendations for reform” and completed its report in December 2007. [1] The Scottish Government has committed to introducing legislation in the light of the Commission`s scrutiny. [2] Prior to the enactment of this Act, there were very few statutory sexual offences in Scotland, with most of its sexual offences defined in common law, which was increasingly seen as a problem. [3] Rape does not involve penetration through fingers or an object, but anyone who does so could be charged with penetrative sexual assault. This offence is as serious as rape.
Sexual Assault Counselling Centre (Archway) Phone: 0141 211 8175 Provides forensic examinations, testing for infections and emotional support. It may also store forensic samples to give you time to decide if you want to involve the police. This service is for anyone over the age of 13 who has been raped or sexually assaulted in Greater Glasgow in the last 7 days. Find out where you can get help if you`ve been raped or otherwise sexually offended. You don`t have to fend for yourself. There are many support services that can help. Sexual assault is difficult to summarize in a sentence that goes beyond the following: it is an intentional or reckless narcotic of any of the items listed in section 3(2) of the Sexual Offences (Scotland) Act 2009, without B`s consent and without reason to believe that B consents. Rape and sexual assault are forms of sexual violence. This happens when someone does not consent to a sexual act. There are local rape crisis centres across Scotland, which provide emotional and practical support, information and advocacy to anyone affected by sexual violence.
In Scotland, assault is a common law offence. To distinguish between serious and frequent assaults, Police Scotland uses a common definition of serious bodily harm: Survivors UK National Helpline Web chat (for men) Monday and Tuesday, 18.00 to 21.00 Wednesday 12.00 to 14.30 and 18.00 to 21.00 Thursday 12.00 to 14.30 Information, support and advice for men who have been raped or sexually abused. Although fewer men than women are victims of sexual abuse, the effects are serious. It can be difficult for men to talk about such abuse because there is a common stereotype that men should be “strong” and able to protect themselves. Most acts of sexual violence are perpetrated by someone known to the victim, such as a spouse, intimate partner, friend, family member, colleague or others. Experiencing rape or sexual assault is traumatic, and it can take a lot of courage to talk about what happened. Penetrative sexual assault occurs when the abuser sexually enters the victim`s vagina or anus without consent. The intrusion can affect a part of the attacker`s body (such as a finger) or an object (such as a bottle or vibrator). In addition to the physical effects of rape and sexual assault, your mental and emotional well-being can be severely affected. Eighteen and under Phone: 0800 731 40 80 (weekdays from 9am to 5pm) Support and confidential information for anyone under 18 who has experienced sexual, physical or psychological violence. The Sexual Offences (Scotland) Act 2009 (asp 9) is an Act of the Scottish Parliament.
It creates a code of sexual offences to reform this area of law. The corresponding legislation in England and Wales is the Sexual Offences Act 2003 and the Sexual Offences (Northern Ireland) Order 2008 in Northern Ireland. LGBT+ people are exposed to significant levels of abuse, harassment and violence. The Hate Crime Report: Homophobia, Biphobia and Transphobia in the UK survey found that 1 in 10 LGBT+ people who had experienced hate crimes said it was a form of sexual violence. Homophobic and transphobic attitudes can influence any decision about disclosure or reporting. The law also covers a range of sexual assault and abuse, such as: You may be raped or sexually assaulted by a stranger or someone you know. It can happen to anyone – women, men and children. It may have happened recently or a long time ago.
This can happen once or often. What is important is that this happened without your consent. When publishing its Q4 2015-2016 MD&A in June 2016, Police Scotland indicated that this measure may have led to some offences that would previously have been considered frequent assaults and now fall into the category of serious bodily harm.
