Law closes rape loophole

At the annual Best Bar None Awards for licensed traders the Fife Domestic and Sexual Abuse Partnership launched a campaign designed to link with the new Sexual Offences (Scotland) Act 2009, which became law on 1 December.

The “Drinking is not a crime. Rape is” campaign provides a very clear message: no matter how much she’s drunk; no matter
what she is wearing; no matter if you have already kissed; sex without consent is rape.

The new Act will replace the common-law offence of rape with
a statutory offence that is broader in terms of sexual activities and, for the first time, includes male rape.

DCI Lee Dickson said: “This is a significant piece of legislation that seeks to address a range of offending behaviour in one clear Act, and address the law in relation to reflecting modern lifestyles.

“Most importantly, it looks to help fill the loophole often exploited by offenders by questioning the behaviour of the victim and cynically relying on an argument of consent to what has taken place.

“I cannot think of other crimes where the character of the victim has so often been questioned in order to provide the accused with an excuse. This helps to place the blame squarely where it belongs – on the shoulders of the guilty.”

A difference in categorising and recording means there is an
expectation that the reporting of rape will increase.

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