PART XIII Miscellaneous

F1Dockets and charges in sex cases

Annotations:
Amendments (Textual)

288BCAggravation by intent to rape

1

Subsection (2) applies as respects a qualifying offence charged in an indictment or a complaint.

2

Any specification in the charge that the offence is with intent to rape (however construed) may be given by referring to the statutory offence of rape.

3

In this section—

a

the reference to a qualifying offence is to an offence of assault or abduction (and includes attempt, conspiracy or incitement to commit such an offence),

b

the reference to the statutory offence of rape is (as the case may be) to—

i

the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or

ii

the offence of rape of a young child under section 18 of that Act.