Chalmers, J. (2003) Is underage intercourse shamelessly indecent? Scots Law Times, 14, pp. 123-127.
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Abstract
Considers whether a charge of shameless indecency in respect of sexual intercourse with a girl under the age of 16 is relevant in the light of the contradictory cases of HM Advocate v Roose (Andrew Roy) and Cartwright v HM Advocate (Sentencing). Looks at the nature of the common law offence of shameless indecency and its historical development to determine whether it could be adapted to modern standards to include underage intercourse. Examines whether the issue of shamelessness should be left to the jury and the impact of the Criminal Law (Consolidation) (Scotland) Act 1995. Considers whether it is fair to use a shameless indecency charge to circumvent the one year time limit on the statutory offence of unlawful intercourse in s.5 of the 1995 Act.
| Item Type: | Articles |
|---|---|
| Status: | Published |
| Refereed: | Yes |
| Glasgow Author(s) Enlighten ID: | Chalmers, Professor James |
| Authors: | Chalmers, J. |
| College/School: | UNSPECIFIED |
| Journal Name: | Scots Law Times |
| ISSN: | 0036-908X |
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