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‘Consent’ to be defined in rape law shake-up
 

by Brian Currie

THE definition of rape is to be widened in an attempt to convict more offenders.

A report today by the Scottish Law Commission, after a three year review, says reforms are necessary because the law has been "in confusion".

Its 62 recommendations include a greater emphasis on consent, better protection for children and create the crime of male rape.

Launching the report, Professor Gerry Maher QC, said: "People must be able to know what types of sexual conduct the law prohibits and what types are legal."

Because "consent" is not defined under the present law, Professor Maher, the lead commissioner on the review, said guidance was needed.

The Commission recommends consent should be required for all sexual conduct.

Its report says: "Someone who consents to kissing is not consenting to having sexual intercourse."

Professor Maher said: "No one should have to be involved in sexual activity unless they consent to it.

"Yet the present law does not say what consent means. We have recommended a definition so people can know what consent is and what it is not."

Currently it is not rape or another sexual crime if the accused had a reasonable belief that the other party consented to the sexual activity even if there was no consent.

The Commission now says the accused should explain what steps he or she took to ascertain whether there was consent.

It would not exist in cases where the victim had been subject to violence, or the threat of violence, where the victim was unconscious or asleep and where the victim had been deceived as to the identity of the other person; where the victim was so intoxicated by consuming drink or drugs they lacked the capacity to give consent.

A main aim of the recommendations is to give the same protection to "men and women, and to boys and girls".

The Commission also recommends creating the offence of sexual assault which stops short of rape.

And it says the maximum term for rape, sexual assault and for some types of sexual coercion should be life imprisonment. Two sets of sexual offences will be created aimed at protecting children.

The first applies to children under the age of 13 and it gives the accused no defence even if they claim they thought the child was older.

For kids aged 13-16, in certain cases when the child has consented, the defendant will be able to claim they believed, on reasonable grounds, that the child was 16 or older.

The report was welcomed by Cabinet Secretary Kenny MacAskill. He said: "The Scottish Government shares society's revulsion at rape incidents."

There will now be consultation on the report and the proposed legislation until March.

Publication date 19/12/07

Posted by: aunt sally, glasgow on 12:43pm Wed 19 Dec 07
Its report says: "Someone who consents to kissing is not consenting to having sexual intercourse."

Eh Hello !! it soooooo does !



Posted by: david on 12:49pm Wed 19 Dec 07
consent is pretty much by what they wear. Have you seen some of them? there are asking for it basically.
Posted by: BhoyWunda, East Kilbride on 1:13pm Wed 19 Dec 07
Aunt Sally - you must be fairly easy. If you kiss someone are you going to bed them?
Posted by: bipod, glasgow on 1:30pm Wed 19 Dec 07
A main aim of the recommendations is to give the same protection to "men and women, and to boys and girls


Yeh right how many guys are in jail or have been remanded in custody for months because of an allegation which is then later withdrawn not because the police have found the truth but because the "victim" has decided to tell all that it wasnt rape after all but only after there has been a trmendous waste of manpower and resources which would have been better used on a real rape.

Its these incidents that detract from the real ones but when d you ever hear of the false victim being charged never !!. A more robust line with this type of offender will go some way to eradicating false claims allowing the proper allocation of investigation and prosecution.

The guilty until proven innocent tag is always with the alleged offender because of the way these crimes are thrust into some politicians hands to use as political captial rather than leaving it to those in the know. There are that many pressure and interest groups vying for attention of the politicians for their own particular cause it detracts from a lot more crime in this country.
Posted by: Mezzle, Glasgow on 1:42pm Wed 19 Dec 07
Have to agree with bipod, some kind of punishment for people who falsely accuse should be the way forward. I know two people who have genuinely been raped and it sickens me when I hear of women who say it's happened to them and they then rescind it. If they were heavily fined or given jail time then maybe these kind of people would think twice before wasting valuable police time and making a mockery of real cases.
Posted by: david on 2:11pm Wed 19 Dec 07
I stopped a rape last night.

I just stayed in instead.
Posted by: The Missing City, Glasgow on 3:54pm Wed 19 Dec 07
david wrote:
I stopped a rape last night. I just stayed in instead.
How was ye headin off tae Bennets tae get a camcorder in yer face wi Erasure blastin oot the speakers wi Gay Jazz flying all over the place - aye mate - just as well you stayed in eh! ;-)

If you didnay you would have had a swollen ringpiece just noo like Jimmy Somerville oan The Ecky in the middle ah Soho EH! ;-) Aye mate, you missed Johnny Cash and The "Ring of Fire"
Posted by: I Predict A Riot, Glasgow on 8:45pm Wed 19 Dec 07
Quote:where the victim was so intoxicated by consuming drink or drugs they lacked the capacity to give consent

And who is going to know,are we now supposed to take a blood or urine sample before sleeping with someone in case they later say they were intoxicated?FFS
Posted by: workinhard, Glasgow on 4:42pm Thu 20 Dec 07
The Missing City wrote:
david wrote: I stopped a rape last night. I just stayed in instead.
How was ye headin off tae Bennets tae get a camcorder in yer face wi Erasure blastin oot the speakers wi Gay Jazz flying all over the place - aye mate - just as well you stayed in eh! ;-) If you didnay you would have had a swollen ringpiece just noo like Jimmy Somerville oan The Ecky in the middle ah Soho EH! ;-) Aye mate, you missed Johnny Cash and The "Ring of Fire"
class - i was going to respond on a similar line - but when i saw it was david i just couldn't get motivated!
Posted by: The Missing City, Glasgow on 4:49pm Thu 20 Dec 07
workinhard wrote:
The Missing City wrote:
david wrote: I stopped a rape last night. I just stayed in instead.
How was ye headin off tae Bennets tae get a camcorder in yer face wi Erasure blastin oot the speakers wi Gay Jazz flying all over the place - aye mate - just as well you stayed in eh! ;-) If you didnay you would have had a swollen ringpiece just noo like Jimmy Somerville oan The Ecky in the middle ah Soho EH! ;-) Aye mate, you missed Johnny Cash and The "Ring of Fire"
class - i was going to respond on a similar line - but when i saw it was david i just couldn't get motivated!
I hate to think what would have happened to him if he hads gone out that night Workinhard.

He's a very lucky guy not to have been captured by some predators who'd be hammering away at his anus all night like it was Peter North on Viagra! ;-)
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