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MSPs pass major sex crime reforms | MSPs pass major sex crime reforms |
(about 20 hours later) | |
A major shake-up of the law on sexual offences, including a toughening up of rape legislation, has been passed by the Scottish Parliament. | A major shake-up of the law on sexual offences, including a toughening up of rape legislation, has been passed by the Scottish Parliament. |
The Sexual Offences Bill will define consent to sex 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. |
MSPs also moved to close a loophole in the bill, over Labour fears it could create a "get-out clause for rapists". | MSPs also moved to close a loophole in the bill, over Labour fears it could create a "get-out clause for rapists". |
The laws won wide cross-party backing at the final parliamentary hurdle. | The laws won wide cross-party backing at the final parliamentary hurdle. |
The bill aims to tighten up current laws by giving a broader definition of rape and consent based on free agreement. | The 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. | 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 consent | Kathleen Caskie of Victim Support Scotland welcomes the definition of consent |
The new laws came 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". | The new laws came 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". |
Hailing the legislation, Justice Secretary Kenny MacAskill said: "Challenging myths, assumptions and unacceptable attitudes is vital if the legislative reforms and the changes being made to the prosecution of these offences are to be fully effective. | Hailing the legislation, Justice Secretary Kenny MacAskill said: "Challenging myths, assumptions and unacceptable attitudes is vital if the legislative reforms and the changes being made to the prosecution of these offences are to be fully effective. |
"This is a journey, not simply in terms of legislation, but in terms of Scotland becoming a modern, progressive country, recognising the position of women and treating them with the respect they are entitled to." | "This is a journey, not simply in terms of legislation, but in terms of Scotland becoming a modern, progressive country, recognising the position of women and treating them with the respect they are entitled to." |
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. | 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. |
She said the law had to provide protection to women who were targeted by predatory men, even when they were very drunk. | She said the law had to provide protection to women who were targeted by predatory men, even when they were very drunk. |
The legislation also brings in tougher laws on sexually offensive e-mails and texts, and the use of date rape drugs. | The legislation also brings in tougher laws on sexually offensive e-mails and texts, and the use of date rape drugs. |
The laws were passed by 121 votes to zero, although Green MSP Patrick Harvie abstained. | The laws were passed by 121 votes to zero, although Green MSP Patrick Harvie abstained. |
Labour community safety spokesman Paul Martin said there were "many positive aspects" to the bill, but raised concern it could allow a person convicted of sexually assaulting a child to be fined. | Labour community safety spokesman Paul Martin said there were "many positive aspects" to the bill, but raised concern it could allow a person convicted of sexually assaulting a child to be fined. |
Backing the reforms, Tory justice spokesman Bill Aitken, said: "Sometimes people behave foolishly, sometimes people behave even irresponsibly. But it is our duty to see they are protected." | Backing the reforms, Tory justice spokesman Bill Aitken, said: "Sometimes people behave foolishly, sometimes people behave even irresponsibly. But it is our duty to see they are protected." |
The Lib Dems' Robert Brown added: "As a whole, it provides what we hope will be a modern statute, fit for purpose in the 21st century, playing its part in deterring crime and securing justice for the victims of serious crimes of a sexual nature." | The Lib Dems' Robert Brown added: "As a whole, it provides what we hope will be a modern statute, fit for purpose in the 21st century, playing its part in deterring crime and securing justice for the victims of serious crimes of a sexual nature." |