Sexual Health and The Law

Sex offences

When unwanted or illegal sexual activity is quite a complex area of the law. In Scotland there is a mixture of statute and common law.

This means that the law that is used practically in the courts is made up of some legislation that has been laid down (the Criminal Law (Consolidation) (Scotland) Act 1995), and some previous cases that guide sheriffs and judges in their decisions. Penalties and sentences are also decided by the court in which the case is heard; and for cases in the High Court this may be up to life imprisonment.

The sorts of changes proposed give a view of sexual offences that is far more up to date in many ways. They recognise in a fuller sense, that men as well as women are victims of sexual offences, remove some inconsistent distinctions associated with sexuality and expand on the responsibilities of those in positions of trust, among other things. The recommendations suggest that “criminal law should offer protection from all non-consensual sexual activity”.