Sexual Health and The Law

Rape and Sexual Assault

In Scottish law, a crime of rape is committed when a man has sexual intercourse with a woman against her will. This applies to any woman, including wives and partners, and it includes getting a woman drunk so that she is not capable of giving consent.

There are lesser charges including attempted rape, indecent assault and indecent behaviour. The particular charge may depend on the individual circumstances of each case.

At this time, in Scotland, there is no real equivalent charge if a man or boy is raped. In these cases it would more likely be classed as an indecent assault or sodomy charge.