BACKGROUND
7. In 2004, the Scottish Law Commission (SLC) were commissioned "To examine the law relating to rape and to other sexual offences and the evidential requirements for proving such offences and to make recommendations for reform." That commission was made as a result of public, professional and academic concern as a consequence of certain high-profile decisions of the High Court of Justiciary in rape cases, which led to concerns that the common law offence of rape was unsatisfactory and unclear. In addition to this, other aspects of the Scots law on sexual offences had been identified as requiring consideration and reform. The law in this area derives from a time when sexual attitudes where very different from those of contemporary society. It is not gender-neutral, it is inconsistent and some aspects are also less than clear.
8. In September, the First Minister made a commitment in his speech to Parliament on the legislative programme, to bring forward legislation to reform the law on rape and sexual offences, in light of the SLC's report. The Scottish Government intends to introduce legislation in Parliament next year. However, before doing so, we are keen to seek the views of consultees on the recommendations contained in the SLC's report. Please note that the recommendations referred to in this consultation are those arrived at by the SLC and do not necessarily represent the views of the Scottish Government or Scottish Ministers.
9. We recognise that the SLC themselves undertook a consultation on their emerging proposals in January 2006. However, there are a number of reasons why we consider this further consultation to be required. Most importantly, a number of the recommendations differ from, or are more developed than, those contained in their discussion paper. We consider it vital therefore that we seek views on the SLC's proposals from all interested parties prior to introducing legislation next year. This paper therefore highlights those recommendations which represent either a departure from the SLC's earlier thinking, or a significant development of it.
10. The Scottish Government will consider all responses received by the consultation deadline and take account of them in shaping the final content of the legislation to be brought before Parliament. In considering legislation brought forward by the Scottish Government, the Parliament will also wish to take account of the views of stakeholders on the recommendations for legislative change put forward by the SLC.
11. As well as the specific issues highlighted in the SLC's recommendations, we also seek more general comments on a number of issues, including equal opportunities, human rights, and the financial implications of the proposals. The Scottish Parliament takes particular interest in these issues and we would welcome any comments that you have on these matters.