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Scotland decisions
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The court held that forensic evidence of penetration, DNA on clothing or breasts, and other circumstantial proof can corroborate a complainer’s rape or sexual assault account.
Appeal from SAC by Stewart Mitchell Kennedy against PF Aberdeen (High Court of Justiciary) [2024] HCJAC 47 (14 November 2024)
The High Court of Justiciary held that a stripper’s non-consensual physical contact at a hen party was sexual and amounted to sexual assault under the 2009 Act.
Appeal by Stuart Mitchell Kennedy against PF Aberdeen (Sheriff Appeal Court Criminal) [2024] SACCRIM 8 (20 August 2024)
The Sheriff Appeal Court refused an appeal against conviction for sexual assault, holding the touching was sexual under the objective test despite the act being part of a performance.
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.
APPEAL AGAINST CONVICTION BY STEVEN JOSEPH JAMES STALLEY [2022] ScotHC HCJAC_12 (11 February 2022)
The Appeal Court held that the judge inadequately directed the jury on mutual corroboration, but the conviction appeal was refused because no miscarriage of justice occurred.
APPEAL AGAINST CONVICTION BY JACK FERGUSON AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_51 (02 December 2021)
The appeal court refused Jack Ferguson’s appeal against conviction, holding that the sheriff’s jury directions on sexual touching were adequate and did not need extra intoxication-based glosses.
NI, APPEAL AGAINST CONVICTION AND SENTENCE BY NI AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_66 (06 November 2018)
The appeal court dismissed a criminal appeal based on fresh evidence, holding one witness lacked credibility and the later police message was not materially significant.
DC, RECLAIMING MOTION AGAINST (1) DG AND (2) DR [2017] ScotCS CSIH_72 (28 November 2017)
The Inner House refused a reclaiming motion in a civil action for damages arising from alleged rape and sexual assault, upholding findings of incapacity and no reasonable belief in consent.
Gubinas v HM Advocate [2017] ScotHC HCJAC_25 (09 May 2017)
The appeal court upheld most of the conviction appeal in Gubinas v HM Advocate, finding sufficient evidence on consent but deleting the anal penetration averment.
DC v DG & Anor [2017] ScotCS CSOH_5 (17 January 2017)
The Outer House held that the pursuer was too intoxicated to consent and that both defenders were liable for sexual assault and rape.
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