Section 37 of the Sexual Offences (Scotland) Act 2009 : still a problem?

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Callander, Isla (2026) Section 37 of the Sexual Offences (Scotland) Act 2009 : still a problem? Edinburgh Law Review, 30 (3). pp. 407-413. ISSN 1364-9809

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Abstract

Section 37 of the Sexual Offences (Scotland) Act 2009 (“the 2009 Act”) contains offences criminalising consensual sexual intercourse and oro-genital sexual activity between older children. In 2019, this author revealed that this provision was used infrequently during its first seven years in effect, which contrasted starkly to the significant number of older children likely engaging in conduct criminalised by section 37. This article updates that research by incorporating data, obtained through a Freedom of Information (“FOI”) Request to the Crown Office and Procurator Fiscal Service (COPFS), for the ensuing eight years. Although this shows that the number of prosecutions has declined, this article argues that section 37 remains problematic despite infrequent state intervention under the provision.

ORCID iDs

Callander, Isla ORCID logoORCID: https://orcid.org/0000-0001-5627-069X;
CORE (COnnecting REpositories)