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Criminal law [2025] HCJAC 9

Note of Appeal by Sean Kirkup against HMA (High Court of Justiciary)

Note of Appeal by Sean Kirkup against HMA (High Court of Justiciary) [2025] HCJAC 9 (27 June 2024)

The court held that consent is not a defence to assault in Scotland, even where conduct occurs during sexual activity, and refused the appeal.

  • Consent as a defence to assault
  • Sexual assault
  • Assault in the context of sexual activity
  • Interpretation of sexual offences (scotland) act 2009
  • European convention on human rights articles 7 and 8
  • Consent-as-defence-to-assault
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.