Best Sex Crime Lawyers in Aberdeen

About Sex Crime Law in Aberdeen, United Kingdom

Sex crime cases in Aberdeen are investigated by Police Scotland and prosecuted by the Crown Office and Procurator Fiscal Service. Although Aberdeen is in the United Kingdom, criminal law in Scotland is distinct. Sexual offences are mainly governed by the Sexual Offences Scotland Act 2009, with related laws in the Abusive Behaviour and Sexual Harm Scotland Act 2016, the Civic Government Scotland Act 1982, the Protection of Children and Prevention of Sexual Offences Scotland Act 2005, and parts of the Sexual Offences Act 2003 that apply in Scotland. The law focuses on consent, capacity, and protection of children and vulnerable people. Allegations are taken very seriously and can lead to arrest, court proceedings in the Sheriff Court or High Court of Justiciary, and long term consequences if convicted.

This guide is general information to help you understand the process. It is not legal advice. If you are involved in a case in Aberdeen or anywhere in Scotland, speak to a qualified Scottish criminal defence solicitor or a specialist support service as soon as possible.

Why You May Need a Lawyer

People seek legal help in sex crime matters for many reasons. If you are under investigation, arrested, invited to a voluntary interview, or charged, you should get a solicitor immediately. A lawyer will advise you on your right to silence, attend interviews, protect your legal rights, and start building your defence. If you are on bail or subject to special conditions or orders, you will need guidance to avoid breaches and further charges.

If you are a complainer or witness, a solicitor can explain the process, help you understand your rights, and liaise with the prosecutor and the court. If you have been accused in the context of relationship breakdown, workplace allegations, online activity, or historic conduct, early legal advice can be critical for preserving evidence, managing digital devices, and dealing with employers or regulators. A lawyer can also advise on Sexual Harm Prevention Orders, Sexual Risk Orders, notification requirements on the sex offenders register, travel restrictions, and the impact on disclosure and future employment.

Local Laws Overview

Key Scottish provisions that frequently arise in Aberdeen cases include the following. Consent is defined in the Sexual Offences Scotland Act 2009 as free agreement, and the Act lists circumstances where there is no consent, such as when a person is asleep or unconscious, cannot consent due to the effect of alcohol or drugs, is unlawfully detained, is subject to violence or threats of violence, is deceived as to the nature or purpose of the conduct, or is impersonated. A person can withdraw consent at any time.

Core offences include rape, sexual assault by penetration, sexual assault, sexual exposure, voyeurism including upskirting, communicating indecently, and causing a person to look at sexual images. Child protection offences include causing or encouraging a child to participate in sexual conduct, sexual activity with or directed at an older child aged 13 to 15, grooming and meeting a child following sexual communication, and indecent images of children which are prosecuted under the Civic Government Scotland Act 1982. The age of consent in Scotland is 16.

The Abusive Behaviour and Sexual Harm Scotland Act 2016 created the offence of disclosing or threatening to disclose an intimate image without consent with the intent to cause distress. It also requires judges to give jury directions on consent, including that a lack of physical resistance does not necessarily imply consent. Parts of the Sexual Offences Act 2003 and later legislation create notification requirements commonly called the sex offenders register and allow for Sexual Harm Prevention Orders and Sexual Risk Orders to manage risk in the community. People subject to these measures are managed under Multi Agency Public Protection Arrangements in Scotland.

Criminal procedure in Scotland includes important features. You have the right to consult a solicitor before and during a police interview under the Criminal Justice Scotland Act 2016. Serious sexual offences are usually prosecuted on indictment in the Sheriff Court or High Court. Sentencing can include imprisonment, extended sentences, an Order for Lifelong Restriction for the highest risk offenders, and mandatory notification requirements. There is no general statute of limitations for serious sexual offences in Scotland, so historic allegations can be prosecuted. Scottish law also requires corroboration, meaning the essential facts of a case must be supported by more than one independent source of evidence, though that does not necessarily mean two eyewitnesses.

Frequently Asked Questions

What counts as consent in Scotland

Consent means free agreement. There is no consent where a person is asleep or unconscious, incapable due to alcohol or drugs, unlawfully detained, subjected to violence or threats, deceived about the nature or purpose of the act, or impersonated. Consent can be withdrawn at any time. The prosecution must prove lack of consent and that the accused did not have a reasonable belief that the person consented.

What is the age of consent

The age of consent in Scotland is 16. Sexual activity involving a person under 16 can lead to criminal charges. Specific offences protect children aged 13 to 15 even where they appear to agree. There are also separate offences concerning children under 13, who cannot legally consent in any circumstances.

Is sharing intimate images without consent a crime

Yes. In Scotland it is an offence to disclose or threaten to disclose an intimate photograph or film of another person without their consent and with the intent to cause them distress. This covers online sharing and sending images by phone. Courts can order the removal of images and impose penalties including imprisonment.

What happens after a report to Police Scotland

Police will take a statement, secure evidence, and may arrange specialist forensic procedures if appropriate. Mobile devices and computers may be seized for examination. The case file is sent to the Procurator Fiscal who decides whether to bring charges and in which court. If charges proceed, the accused may appear from custody or on an undertaking with bail conditions. Many cases involve special measures for vulnerable witnesses, such as giving evidence by video link or behind screens.

Will my name be made public if I am a complainer

Scottish law does not yet provide automatic statutory anonymity for complainers in all sexual offence cases, but courts can make orders to protect identities and the media generally avoids publishing names. Children and some categories of vulnerable complainers have additional legal protections. If you have concerns about anonymity, speak to the police, the Procurator Fiscal, or a solicitor.

Do I need a lawyer if I am invited to a voluntary interview

Yes. Even if you attend voluntarily, what you say can be used in evidence. You have the right to legal advice and to have a solicitor present. A lawyer will advise on whether to answer questions, how to protect your position, and how to handle requests to access your devices or accounts.

What are the possible penalties for sexual offences

Penalties range from community based disposals to lengthy prison sentences. Rape and serious sexual assault can attract very long custodial terms and in the most serious cases an Order for Lifelong Restriction. Many convictions lead to mandatory notification requirements on the sex offenders register and may result in Sexual Harm Prevention Orders or Sexual Risk Orders.

What is the sex offenders register

This refers to the legal duty to notify the police of personal details after certain convictions. The length of the notification period depends on the sentence, and it can be indefinite for serious offences. People subject to notification are monitored under multi agency public protection arrangements and may face restrictions on residence, travel, internet use, and contact with children.

Can a past conviction be spent or filtered for disclosure checks

The Rehabilitation of Offenders Act 1974 as applied in Scotland sets time periods for convictions to become spent, but serious sexual offences often have long rehabilitation periods and may never become spent for the purposes of work with children or protected adults. Disclosure Scotland rules mean certain convictions must still be disclosed for regulated roles. Get advice tailored to your record and the job you are applying for.

How does intoxication affect consent in law

A person who is so affected by alcohol or drugs that they cannot freely agree cannot consent in law. Intoxication of the accused is not a defence. The court will consider all the circumstances, including the level of impairment, communications between the parties, and any steps taken to confirm consent.

Additional Resources

Police Scotland - report an offence, victim information, and specialist officers.

Crown Office and Procurator Fiscal Service - Victim Information and Advice service for eligible witnesses and complainers.

Rape Crisis Scotland - national helpline and local advocacy services, including support in Aberdeen and the North East.

Victim Support Scotland - independent practical and emotional support for victims and witnesses.

Scottish Women s Aid - support for those experiencing domestic and sexual abuse.

Children 1st and NSPCC - support and safeguarding services for children and families.

Law Society of Scotland - find a local criminal defence solicitor with experience in sexual offences.

Scottish Legal Aid Board - information about eligibility for criminal and civil legal aid.

Scottish Courts and Tribunals Service - information on attending court and special measures for vulnerable witnesses.

Aberdeen City Council services - safeguarding, housing, and social work support that may be relevant to safety planning.

Next Steps

If you need legal assistance in a sex crime matter in Aberdeen, act quickly. If you are contacted by the police, do not answer questions about the allegation until you have spoken to a solicitor. You have the right to a private consultation with a lawyer and to have them present at interview. If arrested, ask for a solicitor immediately.

If you are a complainer seeking support, consider contacting a specialist service for confidential assistance and safety planning. Ask the police or Procurator Fiscal about special measures that may help you give your best evidence. Keep any relevant messages, emails, and screenshots. Avoid deleting potential evidence.

When choosing a solicitor, look for a Scottish criminal defence lawyer with experience in sexual offence cases in the Sheriff Court and High Court. Ask about legal aid. Bring any court papers, bail conditions, timelines, and a list of potential witnesses to your first meeting. Follow your lawyer s advice about contact with the other party, social media use, and safeguarding your digital devices.

This is a complex area of Scots law. Early, informed legal advice is the best way to protect your rights, understand the process, and plan a clear strategy for your case.