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.

Rape & Sexual Offences Lawyers Edinburgh

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.

Rape Lawyers Scotland

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

First name (*)
Please let us know your name.

Last name (*)
Invalid Input

Email(*)
Please let us know your email address.

Telephone(*)
Please enter your phone number correctly.

Please tick the box below(*)
Invalid Input
Message(*)
Please let us know your message.

Services
Invalid Input

Contact Us

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

Where can you find us

Our solicitors, based in Edinburgh,
are ready to fight your corner.

McSporrans
2 East London street
Edinburgh
EH7 4BH

twitter google-plus facebook google-plus

Need a Criminal Defence Lawyer?
Call us now on 0131 557 9151

McSporrans Criminal Lawyers Edinburgh Scotland