It is a criminal offence in Scotland to either send written sexual communications to another person or direct oral communication to them without their consent or reasonable belief they had the person’s consent to do so. This is covered by Sections 7(1) and 7(2) of the Sexual Offences (Scotland) Act 2009.
If you have been accused of indecent communications, it is always best to contact our dedicated team of solicitors as soon as possible. Call us on 0141 473 6813 to speak with a member of our team today.
In order to amount to indecent communication, the accused person must have done it to either receive sexual gratification or to alarm, humiliate, or distress the person receiving the communication. The Sexual Offences (Scotland) Act provides a broad definition of what is likely to constitute written and verbal communication, both of which are discussed below.
Amongst other things, this law aims to cover all eventualities, in particular the sending of offensive emails in the workplace, which have, in recent years, become more commonplace.
To be considered written communication, the communication can be in any form. This includes:
Verbal sexual communications can happen in any form. This offence even covers sign language and audio recordings of sexual activity.
It is an offence to cause a person to either see or hear indecent communications without their consent. This even applies where the accused did not send or direct the communication themselves but has still caused the other person to hear or see it. There are separate offences under Sections 23 and 33 of the Sexual Offences (Scotland) Act relating to children, which can carry higher penalties if convicted.
Being convicted of indecent communication carries significant penalties. This includes fines, and up to ten years in prison. The accused, if convicted, is also likely to be added to the Sexual Offenders Register. Similar sentences may also be handed down for causing someone to hear or see indecent communications.
It will, most times, be a matter for juries to determine and an accused’s legal representation to work their way around evidential issues centred on the definition of consent.
The internet is used as a gateway to target young children with indecent communications. According to reports from the NSPCC, younger children are becoming increasingly at threat of harm from adults who often pose as children. It is a specific offence to communicate indecently with a child, communicate with a child under 13, and communicate indecently with older children.
Indecent communication with a child under 13 carries a hefty punishment of up to 10 years in prison, a fine, or both. For those children between the ages of 13 and 15, the maximum custodial sentence is five years. In 2020, a man from Falkirk was sentenced to two years’ imprisonment and had his name added to the Sexual Offenders Register after being convicted of indecent communication with a child.
The Sexual Offences Act also covers circumstances where someone causes a child to see indecent material, but the accused did not actually send it to them.
To ensure you get the best result, it is always best to work with defence solicitors who have experience with this complex area of the law, which our team has.
If you believe you are at risk of being charged with an indecent communications offence, don't hesitate to contact our team today 0141 473 6813, or fill in our online contact form, and we will get back to you as soon as possible.
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