Sexual Offences (Scotland) Act 2009
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Sexual Offences (Scotland) Act 2009
The Sexual Offences (Scotland) Act 2009 (asp 9) is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law. The corresponding legislation in England and Wales is the Sexual Offences Act 2003 and in Northern Ireland the Sexual Offences (Northern Ireland) Order 2008. Background In 2004, the Scottish Law Commission began working on a reference from the Scottish Executive to "examine the law relating to rape and other sexual offences, and the evidential requirements for proving such offences, and to make recommendations for reform" and completed its report in December 2007. The Scottish Government gave a commitment to bring forward legislation in the light of the Commission's review. Before the enactment of this Act, Scotland had very few statutory sexual offences, with most of its sexual legislation being defined at common law, which was increasingly seen as a problem. On 17 June 2008, the Scottish Governm ...
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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Scottish Criminal Law
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 (2009 asp 9) and Prostitution (Public Places) (Scotland) Act 2007 (2007 asp 11) which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Sco ...
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Acts Of The Scottish Parliament 2009
The Acts of the Apostles ( grc-koi, Πράξεις Ἀποστόλων, ''Práxeis Apostólōn''; la, Actūs Apostolōrum) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message to the Roman Empire. It gives an account of the ministry and activity of Christ's apostles in Jerusalem and other regions, after Christ's death, resurrection, and ascension. Acts and the Gospel of Luke make up a two-part work, Luke–Acts, by the same anonymous author. It is usually dated to around 80–90 AD, although some scholars suggest 90–110. The first part, the Gospel of Luke, tells how God fulfilled his plan for the world's salvation through the life, death, and resurrection of Jesus of Nazareth. Acts continues the story of Christianity in the 1st century, beginning with the ascension of Jesus to Heaven. The early chapters, set in Jerusalem, describe the Day of Pentecost (the coming of the Holy Spirit) and the growth of the chur ...
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The National Archives (United Kingdom)
, type = Non-ministerial department , seal = , nativename = , logo = Logo_of_The_National_Archives_of_the_United_Kingdom.svg , logo_width = 150px , logo_caption = , formed = , preceding1 = , dissolved = , superseding = , jurisdiction = England and Wales, HM Government , headquarters = Kew, Richmond, Greater London TW9 4DU , region_code = GB , coordinates = , employees = 679 , budget = £43.9 million (2009–2010) , minister1_name = Michelle Donelan , minister1_pfo = Secretary of State for Digital, Culture, Media and Sport , minister2_name = TBC , minister2_pfo = Parliamentary Under Secretary of State , chief1_name = Jeff James , chief1_position = Chief Executive and Keeper of the Public Records , chief2_name = , chief2_position = , chief3_name = , chief3_position = , chief4_name = , chief4_position = , chief5_name = , chief5_position = , agency_type = , chief6_name = , chief6_position = , chief7_name = , chief7_position = ...
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Protection Of Children And Prevention Of Sexual Offences (Scotland) Act 2005
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) is an Act of the Scottish Parliament. The Protection of Children and Prevention of Sexual Offences bill was announced to the parliament by the First Minister of Scotland, Jack McConnell, in September 2004. It was passed on 2 June 2005, receiving Royal Assent on 12 July. The act introduced new offences related to child grooming, which had been addressed in England and Wales under the Sexual Offences Act 2003. Background and legislation Following the Sexual Offences Act 2003 which introduced new legislation into England and Wales, there were calls by politicians and the police for similar laws to come into force in Scotland. There were concerns that the existing legislation made it difficult to prosecute people for child grooming before any sexual abuse had taken place. Some people suspected of grooming children over the internet for sex abuse had been charged with breach of the peace or lewd and ...
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Sexual Offences In The United Kingdom
There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland (which function as three separate systems for this purpose). Rape is defined the same way for all three legal systems as: It is therefore only legally possible for a biological woman to be guilty of rape if they assist a male assailant in an attack on a third party. Otherwise, a female can be charged with assault by penetration, which carries similar sentences to rape. If a man has sex with someone under the age of 16 then he is also guilty of rape as a child cannot lawfully consent to sex. Of women aged 16 to 59 in England & Wales interviewed for the 2006/07 British Crime Survey, 0.5% (1 in every 200) reported that they had suffered rape or attempted rape in the previous year, equating to approximately 85,000 nationally. In the same year, less than 800 persons were convicted of rape. England and Wales The following offences are created for England and ...
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Sexual Offences Act
Sexual Offences Act (with its variations) is a stock short title used for legislation in the United Kingdom and former British colonies and territories such as Antigua and Barbuda, Crown dependencies, Kenya, Lesotho, Republic of Ireland, Sierra Leone, South Africa and Trinidad and Tobago relating to sexual offences (including both substantive and procedural provisions). The Bill for an Act with this short title may have been known as a Sexual Offences Bill during its passage through Parliament. Sexual Offences Acts may be a generic name for legislation bearing that short title. It is a term of art. List United Kingdom England and Wales :The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) :The Indecency with Children Act 1960 (8 & 9 Eliz.2 c.33) :The Sexual Offences Act 1967 (c.60) :The Sexual Offences (Amendment) Act 1976 (c.82) :The Sexual Offences Act 1985 (c.44) :The Sexual Offences (Amendment) Act 1992 (c.34) :The Sexual Offences Act 1993 (c.30) :The Sexual Offences (Conspirac ...
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Statutory Rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term ''statutory rape'' in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as ''sexual assault'' (SA), ''rape of a child'' (ROAC), ''corruption of a minor'' (COAM), ''unlawful sex with a minor'' (USWAM), ''carnal knowledge of a minor'' (CKOAM), ''sexual battery'' or simply ''carnal knowledge''. The terms ''child sexual abuse'' or ''child molestation'' may also be used, but ''statutory rape'' generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is t ...
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Age Of Consent
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through " Romeo and Juliet laws" if one or both participants are underage, and are close in age. The term ''age of consent'' typically does not appear in legal statutes. Generally, a law will establish the age below which it is illegal to engage in sexual activity with that person. It has sometimes been used with other meanings, such as the age at which a person becomes competent to consent to marriage, but consent to sexual activity is the meaning now generally understood. It sho ...
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Male Rape
A proportion of victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past. Rape of males is still taboo, and has a negative connotation among heterosexual and homosexual men.Deborah Condon. April 4th 2014. Irish HealthMale rape 'still a taboo subject' Comments of Dr Maeve Eogan and Deirdra Richardson in ''Modern Medicine, the Irish Journal of Clinical Medicine''. Community and service providers often react differently to male victims based on their sexual orientation and the gender of their perpetrators. It may be difficult for male victims to report a sexual assault they experienced, especially in a society with a strong masculine custom. They might be afraid that people will doubt their sexual orientation and label them homo ...
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Laws Regarding Rape
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent. Definitions of ''rape'' vary, but they generally require some degree of sexual penetration without consent. The term "consent" varies by law as well. Minors, for example, are often considered too young to consent to sexual relations with older persons (see statutory rape and age of consent). Consent is also considered invalid if obtained under duress, or from a person who does not have the ability to understand the nature of the act, due to factors such as young age, mental disability, or substance intoxication. Many jurisdictions, such as Canada and several US and Australian states, no longer have a traditional common law offence of rape, which always required that sexual penetration had occurred. Some of ...
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