04/06/2007
Legislation - Sexual offences
Scotland’s common law and statutory sexual offences still discriminate on grounds of gender, transgender identity and sexual orientation.
A man who rapes another man cannot be charged with rape, only with the ancient and little understood offence of sodomy. It is unknown whether the rape of a transsexual woman would be recognised as rape in Scotland. Some sexual offences against boys have lower penalties than similar offences against girls. And the law refers to all consenting sexual acts between adult men as “gross indecency” – this is offensive and absurd in the era of civil partnerships. In 2007 the Scottish Law Commission will publish recommendations for reform of sexual offences law.
- The Scottish Parliament should legislate to reform sexual offences law as recommended by the Scottish Law Commission, including removing the remaining discrimination on grounds of transgender identity and sexual orientation.
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