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| MSPs poised to pass new rape law | MSPs poised to pass new rape law |
| (about 12 hours later) | |
| Holyrood is poised to pass new legislation to toughen up rape law in Scotland. | Holyrood is poised to pass new legislation to toughen up rape law in Scotland. |
| Under the Sexual Offences Bill, consent to sex would be defined in law, creating a broader statutory offence including male rape for the first time. | Under the Sexual Offences Bill, consent to sex would be defined in law, creating a broader statutory offence including male rape for the first time. |
| There would also be tougher laws for sexually offensive e-mails and texts, and the use of date rape drugs. | There would also be tougher laws for sexually offensive e-mails and texts, and the use of date rape drugs. |
| The Scottish Government said they would close a loophole after Labour raised fears of a "get out clause". | The Scottish Government said they would close a loophole after Labour raised fears of a "get out clause". |
| Women's organisations have branded figures which show only 3% of rape allegations in Scotland end in conviction as a "national disgrace". | Women's organisations have branded figures which show only 3% of rape allegations in Scotland end in conviction as a "national disgrace". |
| The Sexual Offences Bill aims to tighten up current laws by giving a broader definition of rape and consent based on free agreement. | The Sexual Offences Bill aims to tighten up current laws by giving a broader definition of rape and consent based on free agreement. |
| The Bill sets out a list of circumstances where there can be no free agreement - including a victim being incapable through alcohol. | The Bill sets out a list of circumstances where there can be no free agreement - including a victim being incapable through alcohol. |
| It has cross party support, but Labour MSP Margaret Curran had claimed a loophole could allow a rapist to claim a victim had given prior consent, for example before getting drunk. | It has cross party support, but Labour MSP Margaret Curran had claimed a loophole could allow a rapist to claim a victim had given prior consent, for example before getting drunk. |
| Justice Secretary Kenny MacAskill said on Tuesday that the Scottish Government would back an amendment from Ms Curran aimed at addressing this. | Justice Secretary Kenny MacAskill said on Tuesday that the Scottish Government would back an amendment from Ms Curran aimed at addressing this. |
| 'Clear framework' | |
| Mr MacAskill said: "This bill provides a once-in-a-generation opportunity for the parliament to reform the current complex mix of common law and statute and replace it with a clear legal framework that more properly reflects modern society's values and views of sexual conduct and offences. | Mr MacAskill said: "This bill provides a once-in-a-generation opportunity for the parliament to reform the current complex mix of common law and statute and replace it with a clear legal framework that more properly reflects modern society's values and views of sexual conduct and offences. |
| "We plan to further tighten the legislation [on Wednesday] and will back Margaret Curran's amendment, which has the support of Rape Crisis Scotland." | "We plan to further tighten the legislation [on Wednesday] and will back Margaret Curran's amendment, which has the support of Rape Crisis Scotland." |
| He said the amendment would provide greater protection from unwanted sexual activity to those lacking the capacity to consent. | He said the amendment would provide greater protection from unwanted sexual activity to those lacking the capacity to consent. |
| It would also provide "greater clarity about the law on sexual activity involving those who lack the capacity to consent due to intoxication from alcohol or any other substance." | It would also provide "greater clarity about the law on sexual activity involving those who lack the capacity to consent due to intoxication from alcohol or any other substance." |
| Mr MacAskill added: "This bill is a good example of the way in which the government and MSPs across the parties can work to agree important legal reforms in a complex and very sensitive area of public policy." | Mr MacAskill added: "This bill is a good example of the way in which the government and MSPs across the parties can work to agree important legal reforms in a complex and very sensitive area of public policy." |