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MSPs poised to pass new rape law MSPs pass major sex crime reforms
(about 2 hours later)
Holyrood is poised to pass new legislation to toughen up rape law in Scotland. A major shake-up of the law on sexual offences, including a toughening up of rape legislation, has been passed by the Scottish Parliament.
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. The Sexual Offences Bill will define consent to sex 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. MSPs also moved to close a loophole in the bill, over Labour fears it could create a "get-out clause for rapists".
The Scottish Government said they would close a loophole after Labour raised fears of a "get out clause". The laws won wide cross-party backing at the final parliamentary hurdle.
Women's organisations have branded figures which show only 3% of rape allegations in Scotland end in conviction as a "national disgrace". The 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. It sets out a list of circumstances where there can be no free agreement - including a victim being incapable through alcohol.
Kathleen Caskie of Victim Support Scotland welcomes the definition of consentKathleen Caskie of Victim Support Scotland welcomes the definition of consent
The Bill sets out a list of circumstances where there can be no free agreement - including a victim being incapable through alcohol. The new laws comes at a time when women's organisations have branded figures showing only 3% of rape allegations in Scotland end in conviction as a "national disgrace".
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: "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."
Justice Secretary Kenny MacAskill said on Tuesday that the Scottish Government would back an amendment from Ms Curran aimed at addressing this. Parliament backed an amendment from Labour MSP Margaret Curran, who said the bill as it stood would allow a rapist to claim a victim had given prior consent, for example, before getting drunk.
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. She said the law had to provide protection to women who were targeted by predatory men, even when they were very drunk.
"We plan to further tighten the legislation [on Wednesday] and will back Margaret Curran's amendment, which has the support of Rape Crisis Scotland." The legislation also brings in tougher laws on sexually offensive e-mails and texts, and the use of date rape drugs.
He said the amendment would provide greater protection from unwanted sexual activity to those lacking the capacity to consent. The laws were passed by 121 votes to zero, with one abstention.
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."