This item was published during the term of a previous administration that ended in April 2007
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Review of rape and sexual offences law
03/06/2004
First Minister Jack McConnell today
announced that the Scottish Law Commission is to carry out
a wide-ranging and comprehensive review of the criminal law
in Scotland in relation to rape and other sexual
offences.
Responding to a Parliamentary Question
from Alex Neil MSP, the FM said that Justice Minister Cathy
Jamieson had contacted the Chair of the Scottish Law
Commission to ask that the body review the law relating to
sexual offences.
In her letter to The Hon Lord Eassie,
Ms Jamieson has asked that the review consider:
The law and definition of
rape and its proof
The common law and statutory
provisions relating to sexual offences in general,
and proof of such offences - with particular regard
to gender and equality issues in statutory
provisions and any anomalies or gaps
Ms Jamieson said:
"Non-consensual sexual activity of any sort is a
serious criminal offence and the law has a wide range of
provisions available, both at statute and common law, to
deal with these offences. It is a priority for the
Executive to ensure that the law and the criminal justice
system properly protects victims of sex offences and we
have already made changes in these areas.
"However recent cases have highlighted very serious
concerns about existing laws around sexual
offences. No victim of a sexual offence should be
dissuaded from coming forward because they fear that the
law is unclear, that it is against them as a victim, or
that their experiences will not be taken seriously.
That is why I have asked the Scottish Law
Commission to take forward a root and branch review of
existing sexual offences law.
"Such a review is necessary and must be
comprehensive. Sexual assaults are despicable
crimes and our police and courts must be able to treat them
as such.
"The Crown Office and Procurator Fiscal Service is
currently carrying out a review of the prosecution of rape
and serious sexual offences. That work - combined
with what we have asked the Scottish Law Commission to take
forward - can help us deliver a safer, stronger
Scotland."
The SLC was set up by the Law
Commissions Act 1965 to offer the government independent
advice in recommending reforms to improve, simplify and
update the law of Scotland.