Sexual Offences (Scotland) Act 2009

Question 1

Sexual Offences (Scotland) Act 2009 s.1

Answer 1

Rape

Question 2

Sexual Offences (Scotland) Act 2009 s.1(1)

Answer 2

definition of rape - penetrates without consent the vagina, anus or mouth

Question 3

Sexual Offences (Scotland) Act 2009 s.1(2)

Answer 3

penetration is a continuing act

Question 4

Sexual Offences (Scotland) Act 2009 s.1(3)

Answer 4

if consent is withdrawn, penetration is considered from the point consent is retracted onwards

Question 5

Sexual Offences (Scotland) Act 2009 s.1(4)

Answer 5

‘penis’ includes surgically constructed penis, ‘vagina’ includes vulva and surgically constructed vagina

Question 6

Sexual Offences (Scotland) Act 2009, s. 2

Answer 6

Sexual Assault by Penetration

Question 7

Sexual Offences (Scotland) Act 2009, s. 2(1)

Answer 7

definition of sexual assault by penetration.

without consent, penetrates sexually the vagina or anus

Question 8

Sexual Offences (Scotland) Act 2009, s. 2(2)

Answer 8

continuing act from entry until withdrawn

Question 9

Sexual Offences (Scotland) Act 2009, s. 2(3)

Answer 9

if consent is withdrawn - considered from the point consent is withdrawn onwards

Question 10

Sexual Offences (Scotland) Act 2009, s. 2(4)

Answer 10

includes penetration with penis

Question 11

Sexual Offences (Scotland) Act 2009, s 3

Answer 11

Sexual Assault

Question 12

Sexual Offences (Scotland) Act 2009, s 3(2)

Answer 12

Acts of which amount to Sexual Assault

(a) penetrates sexually the vagina, anus or mouth of B,

(b) intentionally or recklessly touches B sexually,

(c) engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact with B,

(d) intentionally or recklessly ejaculates semen onto B,

(e) intentionally or recklessly emits urine or saliva onto B sexually

Question 13

Sexual Offences (Scotland) Act 2009, s 14(2)

Answer 13

A person is incapable, while asleep or unconscious, of consenting to any conduct.

Question 14

Sexual Offences (Scotland) Act 2009, s 15

Answer 14

Consent: scope and withdrawal

Question 15

Sexual Offences (Scotland) Act 2009, s 16

Answer 15

Reasonable belief.

Whether the accused took any steps to confirm consent or believed they had consent.