THE biggest ever shake-up of sex laws in Scotland was hailed last night as a "landmark" step that would protect more victims of sexual predators.
The Sexual Offences (Scotland) Bill will create for the first time a statutory definition of consent – a crucial issue in rape cases that will now be enshrined in the law as "free agreement".
It also widens the definition of rape, to include male
rape, and introduces a range of new statutory offences dealing with voyeurism and coercive sexual conduct, including sexually offen-sive e-mails or text messages.
MSPs voted by 121 to zero in favour of the bill yesterday, with one abstention.
Justice secretary Kenny MacAskill, said the changes would provide Scotland with a clear and robust legal framework that would help "ensure victims are protected and offenders punished".
But he added that the attitudes of some people towards sexual offences also needed to change. "Legislation cannot be the justice system's only response to rape and other sexual offending," he told MSPs.
"It is also crucial that steps are taken to change public attitudes and challenge misconceptions."
Mr MacAskill stressed the need to challenge the attitudes of the "significant minority who are still too willing to blame the victim" for crimes such as rape.
Yesterday, The Scotsman revealed Scotland's conviction rate for rape remains the lowest in Europe – with fewer than one in 25 cases successfully prosecuted.
The justice secretary said: "Challenging myths, assumptions and unacceptable attitudes is vital if the legislative reforms and the changes being made to the prosecution of these offences are to be fully effective.
"This is a journey, not simply in terms of legislation, but in terms of Scotland becoming a modern, progressive country, recognising the position of women and treating them with the respect they are entitled to."
He said the changes would build on previous reforms, recalling it was only 20 years ago that the law recognised a woman could be raped by her husband.
He said the scope of the new legislation was a "landmark" for the Scottish Parliament, worthy of marking the tenth anniversary of devolution.
Paul Martin, Labour's community safety spokesman, raised concerns about the new laws, claiming there was a remote possibility they could allow a person convicted of sexually assaulting a child to be fined.
But his concerns were dismissed by the other political parties, and Mr Martin went on to state there were "very many positive aspects" to the bill.
Tory justice spokesman Bill Aitken gave his backing to the reforms, adding: "
Sometimes people behave foolishly, sometimes people behave even irresponsibly. But it is our duty to see they are protected."
Liberal Democrat justice spokesman Robert Brown said the bill covered "difficult and sensitive" topics
"It provides protection and sanctions where men as well as women are the victims of nasty and brutal sexual attacks," he said.
The reforms were also welcomed by Sandy Brindley, of Rape Crisis Scotland, who said they marked "an important re-framing of our legislation on sexual offences" and provided a much-needed broadening of the definition of rape.
But she added: "We should be in no doubt that much still needs to be done if we are to significantly improve Scotland's very low conviction rate for rape."
