JorgAlbertz
Well-Known Member
Since you know so much about the subject, surely you'll be aware that both the crime of "Rape" under Section 1 Sexual Offences (Scotland) Act 2009 and "Sexual Assault By Penetration" under Section 2 Sexual Offences (Scotland) Act 2009 both carry the exact same sentence of Life Imprisonment and a fine.It’s deemed sexual assault. It’s fkn disgraceful.
These offences under statute replaced the common law crimes of Rape, Sodomy and Indecent Assault which were used before that act came into force. Both of the statutory offences of Rape and SABP are viewed equally seriously in the eyes of the law. There is no need for any outrage about the definitions.
The lesser crimes of Sections 3 and 4 - Sexual Assault (no penetration) and Sexual Coercion can also carry the same penalty when prosecuted on indictment.
Section 3 prosecuted on indictment would be appropriate were a woman to have sex with a man without his consent.
Sexual Offences (Scotland) Act 2009
An Act of the Scottish Parliament to make new provision about sexual offences, and for connected purposes.
www.legislation.gov.uk