Physical Sexual Offences

Some people do not respect the boundaries of others, and many people are put in the position of experiencing unwanted sexual contact or are forced in some way into sexual acts. This is never the fault of the person who is being abused.

If consent is not given, then anyone subjecting another person to any form of indecent behaviour is committing a crime.

Physical sexual offences can include:

Consensual Sex

Sometimes, even if people agree to sexual activity, it may still be an offence. This applies to positions of trust, family relationships, or public places. It also applies if one or more people are under 16.

Incest

It is also an offence to have sexual relations with members of your immediate family. This includes mothers, grandmothers, aunts, sisters, nieces, daughters, granddaughters, fathers, grandfathers, uncles, brothers, nephews, sons and grandsons. Half-blood relatives are treated as equivalent to full blood. It can also be an offence to have sex with a step-child.

Positions of Trust

It is an offence for anyone in a position of trust to force sexual relations on an individual within that trust, or to take advantage of that position of trust in order to encourage sexual relations with individuals in their care. Examples of positions of trust include teachers, care workers, residential unit staff, foster carers, youth / group workers, etc.

Rape and Sexual Assault

It is an offence to touch a person in an indecent way (including groping or unwanted fondling). This is called indecent assault.

If a male aged 8 or over has vaginal intercourse with someone who doesn't want him to, then this is rape. If he either knows that the person is not consenting, or does not take care to definitely find out; if he forces a person to have sex against their will or gives them alcohol or some form of drug to make them consent; if the other person is incapable of giving consent (for example too drunk or under the influence of drugs) then this is rape.

It is a crime of rape to have sex with a girl under 12 as it is presumed she cannot give her consent.

In Scottish law, a crime of rape is committed when a man has sexual intercourse with a woman against her will. Going out with someone, being married to them, or if they have agreed to sex before, are not considered as giving consent to further sexual activity. If someone does not consent and is forced to have sex then it's rape.

There are other charges including attempted rape, indecent assault, assault with intent to ravish, and indecent behaviour. The particular charge may depend on the individual circumstances of each case.

In Scotland, there is no real equivalent charge if a man or boy is raped. In these cases it would more likely be classed as an indecent assault or sodomy charge.

In later life

If someone has experienced sexual abuse in their childhood, the memory of it can be blocked out, or they might not realise what was happening until much later in life. Any number of things could trigger some recalling of past events, or sometimes certain feelings or experiences might appear that are connected to the abuse. If the abuse and its effects have been locked away for some time, it can be just as painful to acknowledge it as if it had only just happened. Try and get support to help you through. If you are a young person afraid for yourself, or you are worried about another young person, the NSPCC (National Society for the Prevention of Cruelty to Children) has a confidential helpline that deals with all issues of safety 0808 800 5000.

Getting Help

Whatever form it takes, unwanted sexual contact is a painful experience. This can often be made worse if the person keeps it to themselves. If you have been sexually assaulted or raped, you may not want to or find it difficult to tell someone. There are, however, many ways that you can get support for yourself, and to report the incident(s) (see the links below).