The Law on Sexual Offences in Scotland
Sexual Offences (Scotland) Act 2009
Under Scots law, rape is a very serious crime and can result in a life sentence.
What is rape?
The Sexual Offences (Scotland) Act 2009 defines rape as penetration by the penis of the vagina, mouth, or anus without consent and without a reasonable belief that consent was given.
What does “consent” mean?
Consent must be given by free agreement. This means:
- A person must not be forced, pressured, or coerced
- They must not be misled or deceived
- They must be capable of making a decision
There is no consent if someone is:
- Too drunk or under the influence of drugs to make a clear decision
- Asleep or unconscious
Consent can also be withdrawn at any time, even if it was given earlier.
Other sexual offences
The law also covers a range of other offences where consent must be freely given, including:
- Sexual assault by penetration
(penetration using body parts other than the penis, or with objects) - Sexual assault
- Sexual coercion
- Sexual exposure
- Voyeurism



















