Latest news with #SexualOffences(Scotland)Act2009
The Herald Scotland
2 days ago
- Politics
- The Herald Scotland
Scots law ‘grey area' may let men avoid teen rape charges
Although the age of consent is 16, the peer said the law in England and Wales had created space where adult men groom and exploit children and then rely on this perceived consent to avoid the most serious charges. READ MORE: In response, Home Secretary Yvette Cooper told the House of Commons that the UK Government would change the law to ensure adults who engage in penetrative sex with anyone under 16 face a mandatory charge of rape. MSPs have now called for a similar move in Scotland, where the law also makes a distinction between children under 13—where consent is not a defence—and those aged 13 to 15. The Tories said failing to do so could lead to Scotland "becoming a safe haven for child abusers". Although sexual activity with anyone under 16 is illegal under the Sexual Offences (Scotland) Act 2009, decisions about whether to prosecute, and what offence to charge, are left to the discretion of prosecutors. Baroness Louise Casey said too many men were seeing their charges downgradedFactors such as age difference, relationship history, and evidence of coercion or grooming are all taken into account. In 2023, 70-year-old William Melville was jailed for five years for having sex with a teenager behind an Aldi in Glasgow city centre. Because the girl was 13, he was charged with having sex with an 'older child'. In countries including France or Sweden, Melville would automatically have been charged with rape. Sharon Dowey, the Scottish Conservative shadow minister for victims and community safety, told The Herald: 'The Casey Review revealed some cases which will have deeply troubled the public and parents, given the age of those involved. 'They will be worried that the same grey area in the law could still exist up here where those who have sexually abused teenagers are not properly punished. 'If the rules down south are changed in light of these harrowing cases, then the law must be tightened up in Scotland as well to avoid any possibility of us becoming a safe haven for child abusers.' READ MORE: In her National Audit on Group-Based Child Sexual Exploitation and Abuse, Baroness Casey said the "grey area" in the law was "largely aimed at avoiding criminalising someone who reasonably believed a child was older than they were or criminalising relationships between teenagers". However, she said this practice led to 'perverse outcomes'. 'We were told of one case involving a 15-year-old vulnerable child who had been sexually exploited by an older man who had used the 'boyfriend model' to groom her. 'Their relationship was well known to local services and the police who tried to disrupt it, but she was insistent she was in love with the older man and did not want to leave him or support a prosecution. 'Despite having substantial evidence that they were having sex, including images on both of their phones and hotel room bookings, the fact she was 'in love' with him, said she had consented and would not support the prosecution led to the case not making it to court." Baroness Casey said several years on, the girl—now an adult—realised she was a victim of child sexual exploitation, and had gone back to police to make allegations against the man. In 2021, France adopted legislation which characterised all sex with a child under the age of consent—15—as rape. Previously, prosecutors had been required to prove the act was non-consensual. The French Government introduced a 'Romeo and Juliet' clause allowing for sexual relations between a child and an individual up to five years older. Similarly, in Sweden, if a person has sex with someone under 15, it is legally defined as 'rape against a child' even if the child agreed at the time. In the Commons on Monday, Ms Cooper told MPs: 'We will change the law to ensure that adults who engage in penetrative sex with a child under 16 face the most serious charge of rape, and we will work closely with the Crown Prosecution Service and the police to ensure that there are safeguards for consensual teenage relationships.' A spokesperson for the Crown Office and Procurator Fiscal Service, Scotland's independent public prosecution service, said: 'The Crown Office and Procurator Fiscal Service will, alongside our partners, pursue and prosecute those who sexually exploit children. We continuously review our approach to prosecuting sexual offenders. 'As an independent prosecution service, COPFS apply existing law in Scotland and would contribute to appropriate discussion of legislative reform. 'There is a wide range of criminal conduct which can be considered as sexual offending. 'Prosecutors are committed to listening to children and using their experience and understanding of child sexual exploitation to build strong cases which reflect the behaviour of offenders. We consistently and successfully prosecute those who commit child abuse.' A Scottish Government spokesperson said: 'Child sexual abuse and exploitation has a devastating impact, which is why we are taking action to ensure that children are protected from harm. We have also established a national multi-agency Child Sexual Abuse and Exploitation Strategic Group, to consider all UK and Scottish work and make recommendations to Ministers accordingly. 'The independent Scottish Child Abuse Inquiry is undertaking an extensive review of child protection policy and practice in Scotland and will report with recommendations for further development in due course. "In the meantime, it is crucial to focus efforts and resource on working with partners across the system to support embedding and implementation of the National Child Protection Guidance and providing a trauma-informed response to victims.'
Glasgow Times
13-05-2025
- Glasgow Times
Dumbarton man appears in court charged with alleged rape
Jamie McGillivary appeared at Dumbarton Sheriff Court on May 9 over a series of allegations against the 35-year-old. He is charged with indecent assault and rape, of stalking, and of assault to severe injury. Mr McGillivary, from Dumbarton, is further charged with an assault to injury and danger of life. Another charge relates to sexual coercion and communicating indecently. A further allegation is abuse of a partner or ex, and he is charged with attempting to pervert the course of justice. READ NEXT: 'Do you know who we are?': Pair knifed four strangers in less than two hours READ NEXT: Chef mugged and battered in NCP car park as robbers demand money There are also eight more charges under the Sexual Offences (Scotland) Act 2009. Mr McGillivary appeared in private at the court where he made no plea or declaration and was committed for further examination. He was remanded in custody. The case is now live and restrictions apply under the Contempt of Court Act.
Glasgow Times
23-04-2025
- Glasgow Times
Man in court after 'serious sexual assault' in Glasgow
Mohammed Mohammed was arrested and charged with the alleged sex attack which took place in Carlton Court in the early hours of Monday, April 21. (Image: Image: Newsquest) READ NEXT: Man due in court following alleged serious sexual assault in Glasgow The 39-year-old has been charged under section two and section three of the Sexual Offences (Scotland) Act 2009. Section two refers to sexual assault by penetration, while section three refers to sexual assault. The Glasgow man appeared at Glasgow Sheriff Court on April 22. He made no plea and has been committed for further examination. READ NEXT: Drivers told to avoid road in Glasgow's East End - here's why He has been remanded in custody and will appear again within the next eight days.
Yahoo
17-04-2025
- Yahoo
Housekeeper claims lodge owner offered money for sex
The owner of a Highland lodge has gone on trial accused of making a woman 'scared and nervous' by his sexual advances. Kevin Booth, 65, a horse racing tipster, allegedly hired a female housekeeper to 'cut weeds' and give him regular massages. On one occasion, Mr Booth is accused of offering her an 'extra payment' to 'spank' him. Mr Booth is accused at Wick sheriff court of directing 'sexual communication' towards the woman, who is now 40. The alleged offences are said to have taken place at Booth's home in Lochdhu Lodge, Altnabreac, Halkirk, where he lived with his wife and young child, between August 8, 2022 and December 9, 2022. On Thursday, the court heard that the woman, who cannot be named for legal reasons, found a job through a Facebook group and her contract included cutting weeds and providing massages to Mr Booth. She was driven several hundred miles to Booth's home by her husband, and said she could not leave as she did not know where in Scotland she was and could not drive. Giving evidence with the assistance of an interpreter over a video link from overseas, the woman told the court she was 'surprised' Booth was naked for the massages except for a towel covering his 'private parts'. She said Booth spoke to her after the massages, which took place either in his office or a 'private room', and would give her a 'rating' for them, saying they were 'normally seven out of 10, but sometimes eight out of 10'. The woman said that after one of the massages Booth offered her an 'extra payment' to 'spank' him. On another occasion, she said, he offered her additional money 'if there was a happy ending', and that he explained it to her when she asked him what it meant. She said she refused these requests, telling him at one point that she had children, and adding she had not done anything to suggest she was 'interested in discussing these kinds of things'. She also said that at one point, the towel with which Booth covered himself during massages was replaced with a 'handkerchief'. She said at her husband's suggestion, she began to take video and audio recordings of the massages, with her phone tucked into her pocket, saying she acted after Booth had 'started to become naughty' during the sessions. She said: 'I started recording because whenever the cover [fell] he asked me to pick it up and cover himself, and [said] it is not his job to cover himself.' She described the effect Booth's actions had on her, saying: 'I am actually afraid, there is fear in my chest but I did my best not to show him. 'I was scared and nervous. I cannot really explain how I felt, but I was scared and nervous.' She also said Mr Booth had asked her intimate questions about her first husband, including about the size of his 'manhood'. Mr Booth denies one charge of directing sexual communication to a woman without her consent for the purposes of his own gratification, contrary to the Sexual Offences (Scotland) Act 2009. The trial, before the sheriff, Eilidh MacDonald, continues. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
The Independent
17-04-2025
- The Independent
Woman ‘scared and nervous' after man's sexual advances, trial told
A 65-year-old man has gone on trial accused of leaving a woman 'scared and nervous' after making sexual advances towards her at his Highland home. Kevin Booth is accused at Wick Sheriff Court of directing 'sexual communication' towards the woman, who is now 40. The alleged offences are said to have taken place at Booth's home in Lochdu Lodge, Altnabreac, Halkirk, where he lived with his wife and young child, between August 8, 2022 and December 9, 2022. The court heard on Thursday that the woman, who cannot be named for legal reasons, found a job through a Facebook group and her contract included 'cutting weeds' and providing massages to Booth. She was driven several hundred miles to Booth's home by her husband, and said she could not leave as she did not know where in Scotland she was and could not drive. Giving evidence with the assistance of an interpreter, the woman told the court she was 'surprised' Booth was naked for the massages except for a towel covering his 'private parts'. She said Booth spoke to her after the massages, which took place either in his office or a 'private room', and would give her a 'rating' for them, saying they were 'normally seven out of 10, but sometimes eight out of 10'. The woman said after one of the massages Booth offered her an 'extra payment' to 'spank' him. On another occasion, she said, he offered her additional money 'if there was a happy ending', and that he explained it to her when she asked him what it meant. She said she refused these requests, telling him at one point that she had children, and adding she had not done anything to suggest she was 'interested in discussing these kinds of things'. She also said that at one point, the towel with which Booth covered himself during massages was replaced with a 'handkerchief'. She said at her husband's suggestion, she began to take video and audio recordings of the massages, with her phone tucked into her pocket, saying she acted after Booth had 'started to become naughty' during the sessions. She said: 'I started recording because whenever the cover (fell) he asked me to pick it up and cover himself, and (said) it is not his job to cover himself.' She described the effect Booth's actions had on her, saying: 'I am actually afraid, there is fear in my chest but I did my best not to show him. 'I was scared and nervous. I cannot really explain how I felt, but I was scared and nervous.' She also said Booth had asked her intimate questions about her first husband, including about the size of his 'manhood'. Booth denies one charge of directing sexual communication to a woman without her consent for the purposes of his own gratification, contrary to the Sexual Offences (Scotland) Act 2009. The trial, before Sheriff Eilidh MacDonald, continues.
