Homosexual Offences (Common law) and (pre 1st Dec 2010 - statutory)

Question 1

Common law offences:

Answer 1

Sodomy between consenting males

Homosexual sexual relations is an offence of gross and shameless indecency.

Question 2

The above offences have not applied:

Answer 2

Since 1980 - where both are 21 or over & the activity takes place in private - “private” excludes acts taking place in a public lavatory. “private” no longer excludes homosexual activity where there are more than 2 persons participating - as breach of Article 8 - ADT v UK (there were 4 consenting men in private setting)

Since 1994 - where both are 18 or over

Since Sexual Offences (Amendment) Act 2000 - where both parties are 16 or over.

DEFENCE -
accused is less than 24
no previous for such an offence AND
has reasonable cause to believe the other is over 16.

NB where one person is over 16 and the other person under, the one under 16 does not commit an offence.

Question 3

Pre 1st Dec 2010 - statutory offences

Answer 3

S13 of the Criminal Law (Consolidation) (Scotland) Act 1995 as amended by the Sexual offences (Amendment) Act 200 (UK statute) and the Convention Rights (Compliance) (Scotland) Act 2001. (Now repealed by the Sexual offences (scotland) Act 2009.