フードを被った怪しい男性の後ろ姿

Defence in Sexual Offence Case.

Various types of sexual crimes are committed in Scotland. There are rapes, attempted rapes, sexual assaults, lascivious and covetous practices, incest, public indecency, sexual exposure, prostitution crimes, crimes related to child pornography, and unnatural crimes (such as bestiality). Scottish law covers many other types of sexual crimes.

The Sheriff’s Court and the Supreme Court handle sexual crimes at both the summary and ceremonial levels, depending on the nature and severity of the crime. Only the Supreme Court deals with the most serious crimes. Raped victims will always be investigated by a High Court of Justice, and convictions rarely result in jail terms of less than six years.

The law requires that an accused person accused of a sex offense be represented by a lawyer, unlike other crimes. Most sexual offenses are subject to this requirement. An appointed duty solicitor will be appointed if the accused does not provide a lawyer.

Recent years have seen a dramatic increase in sexual crimes. In the aftermath of the Jimmy Saville scandal and the mass persecution that followed, public interest in the accusations increased. In recent times, more and more reports of sexual crimes have been filed, and the police are carefully investigating all allegations.

Also, more cases of historical sexual crimes have been prosecuted. Increasingly, it appears that alleged victims of sexual crimes are now coming forward with complaints from many years ago.

There is always a lot of complexity involved in sexual offense prosecutions. Oftentimes, sexual offenses take place in private. Certification is therefore a major hurdle for prosecutors in Scotland, and complex legal doctrines have developed over time. The most important among these is the Moorow Doctrine, which permits the allegations of individual applicants to be mutually confirmed if they are similar enough to be regarded as part of a systematic procedure. In practice, the doctrine is extremely complex, so you should hire an experienced criminal defence attorney if you are facing legal proceedings based on the Moorow Doctrine.

Parliament is currently reviewing Scottish law’s historic requirement for confirmation. It is proposed that the certification requirement be abolished despite strong opposition from the legal profession. Achieving this goal will open the floodgates to many more sexual assault cases.

You should seek the best representation possible if you are accused of a sexual offense. In all forums of the Scottish justice system, we have many years of experience with sexual crimes cases. Should you wish to seek confidential advice, please do not hesitate to contact us right away.

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