Section 8 Victims and Witnesses (Scotland) Act 2014



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Section 8 - Victims and Witnesses (Scotland) Act 2014

Certain Offences: Victim’s right to specify gender of interviewer

If you are a victim of one of the following crimes you will have the option as to whether you would like a male or female police officer to interview you:




  • Sexual Offences

  • Domestic Abuse

  • Stalking

  • Honour Based Violence

  • Female Genital Mutilation

  • Forced Marriage

The specific types of offences are-




  1. an offence listed in any of paragraphs 36 to 59ZL of Schedule 3 to the Sexual Offences Act 2003

  2. an offence under section 22 of the Criminal Justice (Scotland) Act 2003

  3. an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004

  4. an offence the commission of which involves domestic abuse

  5. stalking

The relevant list of offences for (a)-(c) above are as follows;


(a)

  • Rape

  • Clandestine injury to women

  • Abduction of woman or girl with intent to rape

  • Abduction with intent to commit rape

  • Abduction with intent to commit rape of a young child

  • Assault with attempt to rape

  • Assault with attempt to rape a child

  • Indecent assault

  • Lewd, indecent or libidinous behaviour or practices

  • Public Indecency (victim under 18 years of age)

  • Sodomy

  • Possession of extreme pornography

  • Importation of indecent or obscene articles of persons under 16

  • Taking and distribution of indecent images of children

  • Incest (victim under 18 years of age)

  • Intercourse with a step-child (victim under 18 years of age)

  • Intercourse with child under 16 years of age by person in position of trust

  • Abduction of girl under 18 years of age for purpose of unlawful intercourse

  • Person having parental responsibilities causing or encouraging sexual activity (female victim under 16 years of age)

  • Living on the earnings of another from male prostitution (unless every person involved was 16 or over and a willing participant)

  • Abuse of position of trust (sexual intercourse or sexual activity with victim under age of 18)

  • Meeting a child following certain preliminary contact, intention to engage in unlawful sexual activity

  • Paying for sexual services of a child (victim under 16 years of age)

  • Causing or inciting provision by child of sexual services or child pornography (victim under 16)

  • Sexual assault

  • Sexual assault by penetration

  • Sexual coercion

  • Coercing a person into being present during a sexual activity

  • Communicating indecently

  • Causing a person to see or hear an indecent communication

  • Sexual exposure (victim under 16 years of age)

  • Voyeurism

  • Administering a substance for sexual purposes

  • Rape of a young child (under 13 years of age)

  • Sexual assault of a young child by penetration

  • Sexual assault on a young child (under 13 years of age)

  • Causing a young child to participate in a sexual activity (under 13 years of age)

  • Causing a young child to be present during a sexual activity (under 13 years of age)

  • Causing a young child to look at a sexual image (under 13 years of age)

  • Communicating indecently with a young child (under 13 years of age)

  • Causing a young child to see or hear an indecent communication (under 13 years of age)

  • Sexual exposure to a young child (under 13 years of age)

  • Voyeurism towards to a young child (under 13 years of age)

  • Intercourse with an older child (over 13 years of age but under 16 years of age)

  • Penetrative sexual activity with or towards an older child (over 13 years of age but under 16 years of age)

  • Sexual activity with or towards an older child (over 13 years of age but under 16 years of age)

  • Causing an older child to participate in a sexual activity (over 13 years of age but under 16 years of age)

  • Causing an older child to be present during a sexual activity (over 13 years of age but under 16 years of age)

  • Causing an older child to look at a sexual image (over 13 years of age but under 16 years of age)

  • Communicating indecently with an older child (over 13 years of age but under 16 years of age)

  • Sexual abuse of trust of a mentally disordered person

  • Causing an older child to hear or see an indecent communication (over 13 years of age but under 16 years of age)

  • Sexual exposure to an older child (over 13 years of age but under 16 years of age)

  • Voyeurism towards an older child (over 13 years of age but under 16 years of age)

  • Older children engaging in sexual conduct with each other (over 13 years of age but under 16 years of age)

(b)


  • Traffic in prostitution

(c)




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