Labour attempts to remove 'get-out' clause in rape law

Published on Thursday 28 May 2009 19:02

AN ATTEMPT to rid new laws of a "get-out clause for rapists" has been launched by Labour.

Proposed legislation on sex crimes will redefine the law on rape by creating a new definition of consent as "free agreement".

The legislation, now under scrutiny in Holyrood, also sets out a list of circumstances where there could be no free agreement – including a victim being incapable through alcohol.

But Labour claims the wording of the Sexual Offences (Scotland) Bill could unwittingly create a get-out clause by opening up the possibility of "prior consent" – a victim giving consent before becoming incapable.

Labour MSP Margaret Curran has tabled an amendment to reword this clause, with the backing of women's groups.

She said: "The Scottish Government's legislation is well-intentioned, but we need to end the 'get-out clause' for rapists."

A Scottish Government spokesman said: "We are keen to consider any ways in which the legislation can be improved."