
New sexual offences law in scotland seems a bit mental
( , Thu 15 Jul 2010, 13:10, Reply)

Alan Carr will never be allowed on Scottish TV unless he gets permission from the whole of Scotland first of all?
( , Thu 15 Jul 2010, 13:21, Reply)

but I hope so , maybe this law ain't so bad ...
( , Thu 15 Jul 2010, 13:32, Reply)

The Bill is available here; it's worth checking out rather than relying on a blog. My hunch is that the blogger here is looking to an extreme interpretation... but it does seem like a slightly sloppily drafted section.
(I mean: I can see what's intended, and the intention seems fine. But the drafting could be tighter.)
( , Thu 15 Jul 2010, 14:13, Reply)

I'm currently working through the ugliness of PACE 1984.
Basically, if you are communicating indecently with the intention of your sexual gratification or to humiliate, distress or alarm the person, you are in breach of the act. However, the points to prove will be:
a) The communication is sexual in wording or nature
b) The communication was intentional
c) Consent for communication was not given by the other person
d) That the originator of the communication did not have reasonable cause to believe that the other person did not consent to the communication
e) The intention of the communication was to cause
i) personal sexual gratification OR
ii) humiliation of the other person OR
iii) distress of the other person OR
iv) alarm of the other person
The last two points to prove will be the most difficult ones to prove, and if the police find that the cannot secure evidence to prove these points (with the expectation of a successful conviction if brought before court), then the Police cannot charge.
( , Thu 15 Jul 2010, 16:36, Reply)