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The Sexual Offences (Scotland) Bill has today received Royal Assent. The Bill replaces a complex mix of common law and statute with a clear legal framework that supports wider work to improve the justice system's response to sex crime.

The new legislation will:

Provide for the first time a statutory definition of consent, as "free agreement", enshrined in the law
Replace the common-law offence of rape with a broader statutory offence (which includes male rape)
Introduce new statutory crimes, including specific offences of sexual assault by penetration and of voyeurism, and others targeting coercive sexual conduct such as the sending of sexually offensive emails or texts, and sexual exposure
Enable Scottish law enforcement agencies to pursue anyone from Scotland who commits a sex crime under Scots law against someone under-18 abroad (including child pornography and child prostitution offences) regardless of the law in that country
Include 'protective offences' to safeguard those with limited or no capacity to consent due to their young age or a mental disorder. This includes equalising at 16 the age of consent for boys and girls.

Justice Secretary Kenny MacAskill said:

"Last month our maturing Scottish Parliament has acted to codify an entire area of Scots common law, placing sex offences on the statute book.

"The primacy of Parliament in determining the law of the land is one of the hallmarks of democracy and I regard this Bill as a landmark worthy to mark the 10th anniversary of devolution.

"But this Bill is simply one part of a wider package of measures that Government is taking forward to improve public safety and help victims - steps such as taking forward the recommendations from the Crown Office review of the investigation and prosecution of rape and sexual assault, and our support for Rape Crisis Scotland's campaign work.

"These measures can help deal with those committing sexual offences - and help the victims of such appalling crimes".

The Sexual Offences (Scotland) Bill was passed by the Scottish Parliament on June 10, 2009.

The COPFS review of the investigation and prosecution of rape and sexual assault made 50 recommendations to improve the way such offences are investigated and prosecuted (now implemented).