Quiz

Rape 1 = Defines the act of rape and its conditions Subsection (3) = Explains the situation when penetration is initially consented but consent is withdrawn later Subsection (4) = Clarifies the terms 'penis' and 'vagina' in the context of the Act Subsection (2) = States that penetration is a continuing act from entry until withdrawal of the penis

10th June 2009 = The Bill for this Act was passed by the Scottish Parliament 14th July 2009 = The Act received Royal Assent 2009 = Year of the Sexual Offences (Scotland) Act

A = Person who penetrates without consent or without any reasonable belief that there is consent B = Person who is penetrated without their consent Penis = Includes a surgically constructed penis if it forms part of A Vagina = Includes the vulva and a surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B

<p>Communicating indecently with a young child = Sending a sexual written or verbal communication to a child under 13 years old Causing a young child to see or hear an indecent communication = Causing a child under 13 years old to see or hear a sexual written or verbal communication Sexual image = An image of a person engaging in a sexual activity or of a person's genitals Obtaining sexual gratification = One of the purposes for committing the offences mentioned</p> Signup and view all the answers

<p>Written communication = A communication in whatever written form Verbal communication = A communication in whatever verbal form Sexual activity = An act mentioned as part of the definition of a sexual image Genitals = Part of the anatomy mentioned in the definition of a sexual image</p> Signup and view all the answers

<p>Sending a sexual message to a child under 13 = Communicating indecently with a young child Showing a sexual image to a child under 13 = Causing a young child to see or hear an indecent communication Creating a sexual image = Sexual image Humiliating a child under 13 in a sexual manner = Obtaining sexual gratification</p> Signup and view all the answers

<p>Sounds of sexual activity = Verbal communication Written sexual message = Written communication Sexual image = Does not constitute a verbal or written communication Humiliating message = Either verbal or written communication</p> Signup and view all the answers

<p>Subsection (3) = Operates equipment to observe B doing a private act without B's consent Subsection (4) = Records B doing a private act with intention of viewing the image without B's consent Subsection (4A) = Operates equipment beneath B's clothing to observe B's genitals or buttocks without B's consent Subsection (4B) = Records an image beneath B's clothing of B's genitals or buttocks with the intention of viewing the image without B's consent</p> Signup and view all the answers

<p>Subsection (2) = Obtaining sexual gratification, humiliating, distressing or alarming B Subsections (3), (4), (4A) and (4B) = Obtaining sexual gratification (for A or C), humiliating, distressing or alarming B</p> Signup and view all the answers

<p>(a) = Person's genitals, buttocks or breasts are exposed or covered only with underwear (b) = Person is using a lavatory (c) = Person is doing a sexual act that is not ordinarily done in public</p> Signup and view all the answers

<p>(a) = Administering a substance to B without B knowing (b) = No reasonable belief that B knows a substance is being administered Purpose = Stupefying or overpowering B to enable any person to engage in a sexual activity which involves B</p> Signup and view all the answers

<p>Coercing a person into looking at a sexual image = A person causes another to look at a sexual image without their consent or reasonable belief of their consent for the purpose of obtaining sexual gratification or causing distress. Communicating indecently = A person sends a sexual communication to another without their consent or reasonable belief of their consent for the purpose of obtaining sexual gratification or causing distress. Sexual exposure = A person exposes their genitals in a sexual manner to another without their consent or reasonable belief of their consent for the purpose of obtaining sexual gratification or causing distress. Voyeurism = A person observes another doing a private act without their consent or reasonable belief of their consent for the purpose of obtaining sexual gratification or causing distress.</p> Signup and view all the answers

<p>Engaging in sexual activity in the presence of another = Coercing a person into looking at a sexual image Sending a sexual communication to another = Communicating indecently Exposing one's genitals in a sexual manner to another = Sexual exposure Observing another doing a private act = Voyeurism</p> Signup and view all the answers

<p>Obtaining sexual gratification = Coercing a person into looking at a sexual image Causing distress = Communicating indecently Humiliating another = Sexual exposure Alarming another = Voyeurism</p> Signup and view all the answers

<p>Without another person's consent = Coercing a person into looking at a sexual image Without any reasonable belief that another person consents = Communicating indecently Intentionally and for a purpose = Sexual exposure With the intention that another person will see them = Voyeurism</p> Signup and view all the answers

<p>Section 12 = Defines the meaning of 'consent' Section 14 = States a person cannot consent while asleep or unconscious Section 16 = Details how to determine if a person's belief as to consent or knowledge was reasonable Section 17 = Explains the capacity to consent in relation to mentally disordered persons</p> Signup and view all the answers

<p>(a) = When B is incapable of consenting due to the effect of alcohol or any other substance (b) = When B agrees or submits to the conduct because of violence or threats of violence used against B or any other person (c) = When B agrees or submits to the conduct because B is unlawfully detained by A (d) = When B agrees or submits to the conduct because B is mistaken, as a result of deception by A, as to the nature or purpose of the conduct</p> Signup and view all the answers

<p>Being asleep or unconscious = Section 14 Unable to understand what the conduct is, form a decision as to whether to engage in the conduct, or communicate any such decision due to mental disorder = Section 17 Being incapable because of the effect of alcohol or any other substance = Section 13(a) Agreeing or submitting to the conduct because of violence used against them or any other person = Section 13(b)</p> Signup and view all the answers

<p>Section 12 = Consent means free agreement Section 15 = Consent to conduct can be withdrawn at any time Section 14 = A person is incapable of consenting while asleep or unconscious Section 17 = A mentally disordered person may be incapable of consenting</p> Signup and view all the answers

<p>Sexual assault by penetration = A person, without the consent of another and without any reasonable belief that the other consents, penetrates sexually to any extent, the vagina or anus of the other Sexual assault = A person, without the consent of another and without any reasonable belief that the other consents, does any of the things mentioned in subsection (2) Sexual coercion = A person, without the consent of another to participate in a sexual activity and without any reasonable belief that the other consents to participating in that activity, intentionally causes the other to participate in that activity Coercing a person into being present during a sexual activity = A person, without the consent of another and without any reasonable belief that the other consents, either intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of the other or intentionally and for a purpose mentioned in that subsection causes the other to be present while a third person engages in such an activity</p> Signup and view all the answers

<p>Penetration is a continuing act from entry to withdrawal = Sexual assault by penetration (2) and Sexual assault (3) In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time = Sexual assault by penetration (3) and Sexual assault (4) Reference to penetration with any part of A's body is to be construed as including a reference to penetration with A's penis = Sexual assault by penetration (4) and Sexual assault (5) The purposes are— (a) obtaining sexual gratification, (b) humiliating, distressing or alarming B = Coercing a person into being present during a sexual activity (2)</p> Signup and view all the answers

<p>Intentionally or recklessly touches B sexually = Sexual assault Penetrates sexually to any extent, the vagina or anus of B = Sexual assault by penetration Intentionally causes B to participate in a sexual activity = Sexual coercion Intentionally engages in a sexual activity and for a purpose does so in the presence of B = Coercing a person into being present during a sexual activity</p> Signup and view all the answers

<p>Sexual assault by penetration = Section 2 Sexual assault = Section 3 Sexual coercion = Section 4 Coercing a person into being present during a sexual activity = Section 5</p> Signup and view all the answers

<p>Rape of a young child = A person penetrates, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of a child who has not attained the age of 13 years Sexual assault on a young child by penetration = A person penetrates sexually, either intending to do so or reckless as to whether there is penetration, the vagina or anus of a child who has not attained the age of 13 years Causing a young child to participate in a sexual activity = A person intentionally causes a child who has not attained the age of 13 years to participate in a sexual activity Causing a young child to be present during a sexual activity = A person intentionally engages in a sexual activity and for a purpose does so in the presence of a child who has not attained the age of 13 years</p> Signup and view all the answers

<p>Sexual assault on a young child = A person does any of the things mentioned such as penetrates sexually, touches sexually, engages in any other form of sexual activity in which the person has physical contact with a child who has not attained the age of 13 years Causing a young child to be present during a sexual activity = A person intentionally and for a purpose causes a child to be present while a third person engages in such an activity Causing a young child to look at a sexual image = A person intentionally and for a purpose causes a child who has not attained the age of 13 years to look at a sexual image</p> Signup and view all the answers

<p>Rape of a young child = A person penetrates, with their penis, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of a child who has not attained the age of 13 years Sexual assault on a young child by penetration = A person penetrates sexually, with any part of their body or anything else, either intending to do so or reckless as to whether there is penetration, the vagina or anus of a child who has not attained the age of 13 years Causing a young child to participate in a sexual activity = A person intentionally causes a child who has not attained the age of 13 years to participate in a sexual activity</p> Signup and view all the answers

<p>Sexual assault on a young child = A person does any of the things mentioned such as penetrates sexually, touches sexually, engages in any other form of sexual activity in which the person has physical contact with a child who has not attained the age of 13 years Causing a young child to look at a sexual image = A person intentionally and for a purpose causes a child who has not attained the age of 13 years to look at a sexual image Causing a young child to participate in a sexual activity = A person intentionally causes a child who has not attained the age of 13 years to participate in a sexual activity Rape of a young child = A person penetrates, with their penis, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of a child who has not attained the age of 13 years</p> Signup and view all the answers