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Rape law reforms proposed |
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Wednesday, 18 June 2008 |
The laws governing sexual crimes in Scotland will be dramatically overhauled under legislation proposed by the Scottish Government today.
Scotland has one of the lowest conviction rates for rape in the Western world, a fact that the Sexual Offences (Scotland) Bill may change.
Key changes to existing law contained in the Bill include the first legal definition of consent and the replacement of the common-law offence of rape with a broader statutory offence that also includes male-on-male rape.
In addition, the Bill will allow for the prosecution of UK nationals living in Scotland who commit acts overseas that are illegal in Scotland, even if the act is not illegal in the country where it is committed.
Other provisions introduce new statutory offences dealing with sexual exposure, the spiking of drinks for sexual purposes and coercive sexual conduct such as the sending of unwanted texts or emails.
The Bill is based on a Scottish Law Commission review of rape law, although the Bill does not contain two of the Commission’s recommendations: it will not decriminalise sexual intercourse between 13 – 15 year olds, and will not decriminalise consensual sexual violence after women’s groups warned this could be used as a defence by accused rapists.
Justice Secretary Kenny MacAskill said:
“I'm grateful to the Scottish Law Commission for their detailed, considered work and to all those who responded to the consultation. 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.
“Of course, reform of rape law will not, on its own, improve low conviction rates. Other on-going 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. However this Bill will, together with this other work, contribute to improving the criminal justice system's response to crimes of rape and sexual assault. The need for reform is agreed but shape of that - in law and practice - is matter of debate and will continue to be so as Parliament considers it. I don't doubt the sincerity of those expressing divergent views on difficult, sensitive issues and who will continue to hold deeply-held opinions. But whatever decisions we take, the rights of victims, protection of society's most vulnerable and the interests of justice must remain our focus.”
The legislation has been welcomed by Scotland’s most senior police officers.
Deputy Chief Constable Tom Halpin, Lothian and Borders Police, who holds the Family Protection Portfolio for the Association of Chief Police Officers in Scotland 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.”
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