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The Law of Sexual Offences in Scotland


ISBN13: 9781526528025
To be Published: December 2024
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £120.00



This is the first comprehensive guide to the law and practice of sexual offences in Scotland. It provides a complete and up-to-date commentary on the main sexual offences in Scots law and on how such offences are investigated, prosecuted and tried in the Scottish courts.

It also provides an outline of the main principles and sources of evidence in sexual offences cases, including medical, scientific and other expert evidence. This is an indispensable guide for all those involved in such cases at all levels of the Scottish legal system.

The Law of Sexual Offences in Scotland is the only book on the market to cover not just the Sexual Offences (Scotland) Act 2009, but also:

  • The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (the other main piece of legislation protecting children from sexual offences)
  • The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and the Domestic Abuse (Scotland) Act 2018;
  • Indecent images and pornography offences
  • Historical sexual offences - still regularly prosecuted in the courts and forming a significant part of the courts' workload
  • The investigation, prosecution and trial of sexual offences, covering each stage of the process from an initial complaint to the police through to the trial
  • Particular rules of evidence in sexual offences cases (for instance, the rape-shield provisions in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995
  • Expert forensic and medical evidence in sexual offences cases, and
  • Sentencing and ancillary orders in sexual offences cases

Subjects:
Scots Law
Contents:
PART 1: SEXUAL OFFENCES
A. Preliminaries
1. The Scottish courts and jurisdiction over sexual offences
B. The Sexual Offences (Scotland) Act 2009
2. The general provisions of the Sexual Offences (Scotland) Act 2009
3. General offences under the 2009 Act
4. Offences against children under the 2009 Act
5. Abuse of trust offences under the 2009 Act
C. Other sexual offences in Scots law
6. Further offences to protect children: the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
7. Further offences to protect those in intimate relationships (stalking, sharing intimate images, and the Domestic (Abuse) Scotland Act 2018)
8. Further offences to protect vulnerable groups from sexual exploitation:
9. Indecent images and pornography offences
10. Sexual offences at common law
11. Incest
12. Historical offences

PART 2: THE INVESTIGATION, PROSECUTION AND TRIAL OF SEXUAL OFFENCES
13. The investigation and prosecution of sexual offences
14. The trial of sexual offences

PART 3: EVIDENCE IN SEXUAL OFFENCES CASES
15. Medical evidence in sexual offences cases
16. DNA and other scientific evidence in sexual offences case
17. Special measures for witnesses in sexual offences cases
18. Restrictions on sexual history and character evidence
19. Corroboration in sexual offences cases

PART 4: SENTENCING IN SEXUAL OFFENCES CASES
20. Sentencing in sexual offences cases

Appendices
1.Table of sexual offences, relevant dates, and sentences
2.Medical examination proforma