Healthier Scotland. Scottish Government

Sex and the law

Age of consent

The term 'age of consent' means the age at which a person is legally allowed to decide to have sex.

In Scotland, the age of consent is 16 for sex between males and females whether straight or gay. If either person is under 16, then the person over 16 is breaking the law.

The rules are different if one partner is or has been in a position of trust over the other.

Having sex with a girl under the age of 16 is punishable by up to 10 years in prison, and life imprisonment where the girl is aged under 13.

The common law offence of “lewd and libidinous behaviour or practices” means that sexual intercourse with a boy under the age of 14 is a criminal offence and is punishable by up to life imprisonment.

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Persons in a position of trust

If a person in a family setting has sex with a child under 16, they can be punished by up to life imprisonment.

The age of consent rises to 18 if one of the partners is or has been a carer, teacher, youth worker or in any position of trust over the other.

This is to help protect young people.

Any person who has sex with someone under the age of 18 over whom they have a position of trust, can be punished by up to 5 years in prison.

If the young person was a girl under 16 or a boy under 14, the person in a position of trust having sex with them can be prosecuted as having had sex with a child and can be imprisoned for life.

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Rape

Rape is when someone is forced to have sex against his or her will. It can happen to women or men and can involve being forced to have sex through violence or through verbal threats.

It does not matter whether the two people concerned know each other or not or whether they happen to be in a relationship or married.

Rape is punishable by life imprisonment.

For further help and advice visit www.rapecrisisscotland.org.uk

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Date rape

Date rape is a term often used to refer to a rape that takes place between two people who know each other or who meet willingly at first. Sometimes alcohol or other drugs are involved.

If a person is unable to give their consent at the time because they are drunk or drugged and later feels they had sex when they would not have wanted to, then the law says a rape has taken place.

As far as the law is concerned, the penalties are the same as for any other kind of rape - up to life imprisonment.

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Public decency

The common law offence of “public indecency” makes it an offence to engage in “indecent conduct” in a public place or so as to be seen from a public place.

Engaging in sexual intercourse in public view, or intentional exposure of the genitals in a public place, are examples of the kind of conduct that might be covered by this offence.

As a common law offence, the High Court can pass sentences of up to life imprisonment for acts of public indecency.

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Domestic abuse

No one deserves domestic abuse and no one should have to put up with it. Domestic abuse, whether physical or verbal, is assault.

Domestic abuse can come from partners or ex-partners and can include physical, sexual or mental and emotional abuse.

Physical abuse can be by assault and physical attacks. Sexual abuse includes acts which degrade and humiliate women and that take place against their will, including rape.

Mental and emotional abuse can include threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends.

For further help and advice, visit www.domesticabuse.co.uk

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