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| Rape law 'should define consent' | |
| (about 8 hours later) | |
| A Scottish Law Commission report into sexual offences has recommended that the term "consent" is properly defined in the statute books. | |
| Legal experts have agreed on a list of situations where consent cannot have been given, including when the victim is too heavily intoxicated. | Legal experts have agreed on a list of situations where consent cannot have been given, including when the victim is too heavily intoxicated. |
| The review, which was commissioned by the Scottish Government, also suggested that male rape be recognised by law. | |
| The measures aim to address reported rape conviction rates of less than 4%. | The measures aim to address reported rape conviction rates of less than 4%. |
| The government, which plans to bring forward a parliamentary bill next year, has promised to carry out a consultation on the review's recommendations. | |
| Equal protection | Equal protection |
| Professor Gerry Maher QC, the lead commissioner on the project, stressed the need for the law to recognise equally male and female victims of rape and sexual assault. | Professor Gerry Maher QC, the lead commissioner on the project, stressed the need for the law to recognise equally male and female victims of rape and sexual assault. |
| He recommended the definition of rape be expanded to cover penile penetration of the vagina, anus and mouth without consent. | He recommended the definition of rape be expanded to cover penile penetration of the vagina, anus and mouth without consent. |
| Under the current law rape is limited to penile-vaginal penetration. | Under the current law rape is limited to penile-vaginal penetration. |
| Prof Maher said: "Having sexual offences based on gender distinction is wrong. | Prof Maher said: "Having sexual offences based on gender distinction is wrong. |
| "The law should give the same protection to men and women, and to boys and girls." | "The law should give the same protection to men and women, and to boys and girls." |
| No-one should have to be involved in sexual activity unless they consent to it Professor Gerry Maher QC | No-one should have to be involved in sexual activity unless they consent to it Professor Gerry Maher QC |
| The commission also recommended that the concept of consent, which juries often claim leads to confusion in a rape trial, should be defined as "free agreement". | The commission also recommended that the concept of consent, which juries often claim leads to confusion in a rape trial, should be defined as "free agreement". |
| Prof Maher added: "No-one should have to be involved in sexual activity unless they consent to it. | Prof Maher added: "No-one should have to be involved in sexual activity unless they consent to it. |
| "Yet the present law does not say what consent means. We have recommended a detailed definition so that people can know what consent is and what is not." | "Yet the present law does not say what consent means. We have recommended a detailed definition so that people can know what consent is and what is not." |
| Consent could not be given where the victim had been subject to violence, unconscious or asleep or where the victim had been deceived as the identity of her attacker, he said. | Consent could not be given where the victim had been subject to violence, unconscious or asleep or where the victim had been deceived as the identity of her attacker, he said. |
| Special offences aimed at protecting children under 13 should also be introduced, according to the report. | Special offences aimed at protecting children under 13 should also be introduced, according to the report. |