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COPFS

Sexual Offences

15 February 2013

Freedom of Information Request: Sexual Offences

Thank you for your e-mail dated 8 January 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you requested the following:

  • "How many people were charged with sex offences in the year 2011/12.
  • How many of these suspects were bailed after appearing in court.
  • Please give a breakdown of what each suspect given bail was charged with.
  • Provide the above information also for the years 2008/09; 2009/10; 2010/11.
  • How many people were charged with sex offences against children in the year 2011/12.
  • How many of these suspects were bailed after appearing in court.
  • Please give a breakdown of what each suspect given bail was charged with.
  • Provide the above information also for the years 2008/09; 2009/10; 2010/11."

COPFS uses a live operational case management system, specifically designed to receive criminal and death reports from the police and other specialist reporting agencies and to manage the cases for prosecution purposes. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes.

We subsequently spoke about your request. I explained that due to the way the COPFS database holds the information on the bail status of accused persons, it is not straightforward to link this with the information on the charges that the accused is facing. In addition, bail is a transient status that can change several times during the course of a case. I advised you that I was therefore unable to provide the bail related information you requested within the constraints of the FOI cost limits.

I also explained that for offences under the Sexual Offences (Scotland) Act 2009 it is possible to identify whether the victim is a child. For common law and other offences prosecuted prior to the introduction of the Act, it is not straightforward to identify whether the victim was a child. On this basis, you agreed to limit your request to the number of people reported to us in relation to offences under the Sexual Offences (Scotland) Act 2009, and the corresponding number reported for offences against children (under 16s).

Table 1 below provides information on persons reported to us for offences under the Sexual Offences (Scotland) Act 2009. The Act came into force on 1 December 2010, therefore the figures for charges reported in the financial year 2010-11 only relate to the period from December 2010 to March 2011. The figures relate to closed cases only.

Information is provided as to the number of accused reported in relation to offences involving children. These figures relate to children who have not obtained the age of 16 years.

Table 2 provides a list of the specific charges included under each of the broad headings in Table 1.

Table 1: Sexual Offences (Scotland) Act 2009: Charges reported to the Crown Office and Procurator Fiscal Service*

*Table includes information on all charges which have been fully dealt with and closed on the COPFS database (as at 29 January 2013).

Year



Rape

Attempted rape

Sexual assault

Other sexual offences

Total sexual offences

2010-11













Persons reported

88

7

152

105

352



of which : persons reported for offences against children

19

1

43

58

121

2011-12













Persons reported

270

24

488

497

1279



of which : persons reported for offences against children

63

1

149

281

494

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 2: Classification of charges included in Table 1

Classification

Charge

Rape

Sexual Offences (Scotland) Act 2009 S1 - Abduction, assault and rape S1



Sexual Offences (Scotland) Act 2009 S1 - Assault and rape



Sexual Offences (Scotland) Act 2009 S1 - Rape



Sexual Offences (Scotland) Act 2009 S1 - Rape, assault all to injury and attempted murder



Sexual Offences (Scotland) Act 2009 S1 & 2 - Assault, rape and sexual penetration



Sexual Offences (Scotland) Act 2009 S1 & 2 - Rape and sexual penetration



Sexual Offences (Scotland) Act 2009 S1 & 3 - Abduction, assault to injury, sexual assault & rape



Sexual Offences (Scotland) Act 2009 S1 & 3 - Assault, rape and sexual assault



Sexual Offences (Scotland) Act 2009 S1 & 3 - Rape and sexual assault



Sexual Offences (Scotland) Act 2009 S1, 2 & 3 - Assault, rape, sexual penetration and sexual assault



Sexual Offences (Scotland) Act 2009 S1, 2 & 3 - Rape sexual penetration and sexual assault



Sexual Offences (Scotland) Act 2009 S18 - Rape and assault of a child under 13



Sexual Offences (Scotland) Act 2009 S18 - Rape of a child under 13



Sexual Offences (Scotland) Act 2009 S18 & 19 - Rape and sexual penetration of a young child



Sexual Offences (Scotland) Act 2009 S18 & 20 - Assault, rape and sexual assault of a young child



Sexual Offences (Scotland) Act 2009 S18,19 & 20 - Rape, sexual penetration and sexual assault of a young child



Sexual Offences (Scotland) Act 2009 S18,19 &20 - Assault, Rape, sexual penetration and sexual assault of a young child

Attempted rape

Assault with intent to rape as defined in s1 sexual offences act



Assault with intent to rape as defined in section 1 sexual offences act



Assault with intent to rape U13 as defined in s18 sexual offences act



Sexual Offences (Scotland) Act 2009 S1 - Assault and attempted rape



Sexual Offences (Scotland) Act 2009 S1 - Attempted rape



Sexual Offences (Scotland) Act 2009 S1 & 3 - Sexual assault and attempted rape



Sexual Offences (Scotland) Act 2009 S18 - Assault and attempted rape of young child

Sexual assault

Sexual Offences (Scotland) Act 2009 S 20 and 25 - Sexual Assault on young child and sexual exposure to young child



Sexual Offences (Scotland) Act 2009 S19 - Common law assault/sexual assault penetration under 13



Sexual Offences (Scotland) Act 2009 S19 - Penetrate sexually the vagina or anus of a child under 13



Sexual Offences (Scotland) Act 2009 S19 & 20 - Assault, sexual penetration and sexual assault of a young child



Sexual Offences (Scotland) Act 2009 S19 & 20 - Sexual penetration and sexual assault of a young child



Sexual Offences (Scotland) Act 2009 S2 - Assault and attempted sexual penetration



Sexual Offences (Scotland) Act 2009 S2 - Assault and penetrate sexually vagina/anus of another without consent



Sexual Offences (Scotland) Act 2009 S2 - Assault and sexual penetration to injury



Sexual Offences (Scotland) Act 2009 S2 - penetrate sexually the vagina/anus of another without consent



Sexual Offences (Scotland) Act 2009 S2 & 3 - Assault, sexual penetration & sexual assault with intent commit rape s.2 & 3



Sexual Offences (Scotland) Act 2009 S2 & 3 - Assault, sexual penetration and sexual assault



Sexual Offences (Scotland) Act 2009 S2 & 3 - Sexual penetration and sexual assault



Sexual Offences (Scotland) Act 2009 S20 - Carry out any act listed in subsection (2) with regard to a child under 13



Sexual Offences (Scotland) Act 2009 S21 - Intentionally cause a child under 13 to participate in a sexual activity



Sexual Offences (Scotland) Act 2009 S3 - carry out an act listed in subsection (2) without consent



Sexual Offences (Scotland) Act 2009 S3 & 7(1) - Sexual assault and communicating indecently



Sexual Offences (Scotland) Act 2009 S3, 7(1) & 8 - Sexual assault, communicating indecently and sexual exposure



Sexual Offences (Scotland) Act 2009 S4 - intentionally cause another to paticipate in sexual activity without consent



Sexual Offences (Scotland) Act 2009, S1, 3 & 8 - Sexual assault, sexual exposure and intent to rape

Other sexual offences

Sexual Offences (Scotland) Act 2009 S11 - intentionally administer to another/cause another to take a substance for sexual purposes



Sexual Offences (Scotland) Act 2009 S22 - Cause a child to be present while engaging in sexual activity



Sexual Offences (Scotland) Act 2009 S22 - Cause a child to be present while third party engaging in sexual activity



Sexual Offences (Scotland) Act 2009 S23 - Intentionally cause a child under 13 to look at a sexual image



Sexual Offences (Scotland) Act 2009 S24(1) - Intentionally send to or direct a sexual communication at a child under 13



Sexual Offences (Scotland) Act 2009 S24(2) - Intentionally cause a child under 13 to see or hear an indecent communication



Sexual Offences (Scotland) Act 2009 S25 - Intentionally expose genitals to a child under 13



Sexual Offences (Scotland) Act 2009 S26(1)&(2) - Voyeurism observe a child under 13 doing a private act



Sexual Offences (Scotland) Act 2009 S26(1)&(3) - Voyeurism operate equipment intention of observing child under 13 doing a private act



Sexual Offences (Scotland) Act 2009 S26(1)&(4) - Voyeurism record child under 13 doing private act intention of viewing act



Sexual Offences (Scotland) Act 2009 S26(1)&(4A) - Voyeurism operate equipment beneath clothing without consent to observe genitals etc of under 13



Sexual Offences (Scotland) Act 2009 S26(1)&(4B) - Voyeurism record image of genitals etc of under 13 to observe that image



Sexual Offences (Scotland) Act 2009 S28 - Attempted intercourse with an older child



Sexual Offences (Scotland) Act 2009 S28 - Intentionally or recklessly penetrating with penis the vagina/anus/mouth of an older child



Sexual Offences (Scotland) Act 2009 S28 & 29 - Intercourse and sexual penetration with an older child



Sexual Offences (Scotland) Act 2009 S28 & 30 - Intercourse and sexual activity with an older child



Sexual Offences (Scotland) Act 2009 S28, 29 & 30 - Intercourse, sexual penetration and sexual activity with an older child



Sexual Offences (Scotland) Act 2009 S29 - Intentionally or recklessly sexually penetrating the vagina/anus of an older child



Sexual Offences (Scotland) Act 2009 S29 & 30 - Sexual penetration and sexual activity with an older child



Sexual Offences (Scotland) Act 2009 S30 - Engage in any of the activities listed in subsection (2) with an older child



Sexual Offences (Scotland) Act 2009 S31 - Intentionally cause an older child to participate in a sexual activity



Sexual Offences (Scotland) Act 2009 S32 - Cause older child to be present while 3rd party engages in sexual activity



Sexual Offences (Scotland) Act 2009 S32 - Cause older child to be present while engaging in sexual activity



Sexual Offences (Scotland) Act 2009 S33 - Intentionally cause older child to look at a sexual image



Sexual Offences (Scotland) Act 2009 S34(1) - Intentionally send to or direct a sexual communication at an older child



Sexual Offences (Scotland) Act 2009 S34(1) & 35 - Communicating indecently and sexual exposure to older child



Sexual Offences (Scotland) Act 2009 S34(2) - Intentionally cause an older child to see or hear an indecent communication



Sexual Offences (Scotland) Act 2009 S35 - Intentionally expose genitals to an older child



Sexual Offences (Scotland) Act 2009 S36(1)&(2) - Voyeurism observe an older child doing a private act



Sexual Offences (Scotland) Act 2009 S36(1)&(3) - Voyeurism operate equipment intention of observing older child doing private act



Sexual Offences (Scotland) Act 2009 S36(1)&(4) - Voyeurism record older child doing private act intention of viewing act



Sexual Offences (Scotland) Act 2009 S36(1)&(4A) - Voyeurism operate equipment beneath clothing without consent to observe genitals etc older child



Sexual Offences (Scotland) Act 2009 S37(1)&(3)(a) - Intentionally or recklessly penetrating with penis the vagina/anus/mouth of another



Sexual Offences (Scotland) Act 2009 S37(1)&(3)(b) - Intentionally or recklessly using mouth to sexually touch the vagina/anus/penis of another older child



Sexual Offences (Scotland) Act 2009 S37(4) - Engaging in consensual sexual conduct with another older child



Sexual Offences (Scotland) Act 2009 S42 - Adult in position of trust engaging in sexual activity with under 18



Sexual Offences (Scotland) Act 2009 S5 - Cause a person to be present while engaging in sexual activity



Sexual Offences (Scotland) Act 2009 S6 - intentionally cause another to look at a sexual image without consent



Sexual Offences (Scotland) Act 2009 S7(1) - intentionally send to or direct a sexual communication at another without consent



Sexual Offences (Scotland) Act 2009 S7(1) & 8 - Communicating indecently and sexual exposure



Sexual Offences (Scotland) Act 2009 S7(2) - intentionally cause another to see or hear an indecent communication without consent



Sexual Offences (Scotland) Act 2009 S8 - intentionally expose genitals for another to see without their consent



Sexual Offences (Scotland) Act 2009 S8,S25 &S35 - Sexual exposure of genitals to complainers of mixed ages



Sexual Offences (Scotland) Act 2009 S9(1)&(2) - voyeurism observe another doing a private act



Sexual Offences (Scotland) Act 2009 S9(1)&(3) - voyeurism operate equipment with the intention of observing another doing a private act



Sexual Offences (Scotland) Act 2009 S9(1)&(4) - voyeurism record doing a private act with the intention of viewing private act



Sexual Offences (Scotland) Act 2009 S9(1)&(4A) - voyeurism operate equipment beneath clothing without consent to observe the genitals etc of another



Sexual Offences (Scotland) Act 2009 S9(1)&(4B) - voyeurism record image of the genitals etc of another to observe that image



Sexual Offences (Scotland) Act 2009 S9(1)&(5) - install equipment/construct or adapt structure/part of structure to commit voyeurism