GLOSSARY OF TERMS
The Taskforce has used a number of different terms and phrases when examining
violence against women, harassment, and hate crime affecting university students.
The glossary provides a definition for these within the context of this report.
This glossary also sets out some of the useful legal terminology in this area. Although
some of the following terms may not be used in this report, they are important to be
aware of in order to differentiate between criminal and civil offences.
Sexual offences
The sexual offences below are part of the criminal law and are found in the Sexual
Offences Act 2003.
The Sexual Offences (Scotland) Act came into force in 2010, bringing with it a
number of significant changes to the law on sexual offences in Scotland. The
definition of rape is now wider than was previously the case, reflecting a recognition
within the law that men as well as women can be victims of rape. Consent is now
defined in statute in Scotland for the very first time as ‘free agreement’. The new
Scottish law legislates on a number of related offences. These include sexual coercion
(forcing others to take part in sexual activities without their consent), voyeurism,
sexual exposure, and sending indecent images by email or text. This Act also extends
its jurisdiction beyond the UK in cases where offences against children are committed
abroad.
Rape
Rape is a criminal offence and defined under section 1 of the Sexual Offences Act
2003. The offence requires the penetration of the vagina, anus or mouth, by a penis,
without consent. The requirement of penile penetration means that, in law, rape can
only be committed by a man. Both men and women can be raped. If a woman forces a
man to penetrate her this would not be rape but charged as another sexual offence. A
man can rape a woman by putting his penis in her mouth without consent. If a
woman performs oral sex on a man without his consent, this would not be rape but
charged as another sexual offence. The maximum sentence for rape is life
imprisonment indicating the seriousness of this offence in law.
Sexual assault by penetration
Sexual assault by penetration is a criminal offence and defined under section 2 of the
Sexual Offences Act 2003. The offence can be committed by a man or a woman and
requires the penetration of the vagina or anus by a body part (such as fingers or
tongue) or anything else (such as a bottle or vibrator) without consent. Thus, a
woman who penetrates another woman’s vagina with her fingers without consent
would be charged with this offence. Note that unlike rape, this offence does not
include penetration of the mouth. The maximum sentence for this offence is life
imprisonment indicating the seriousness of this offence in law.
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