'Do I Have Your Permission to Say Something Sexual?' – Scotland’s New Law Against 'Indecent Communication'

Scotland, sex and decency. The combination of the three has long been known to generate weird and authoritarian outcomes. The scottish law against “Outraging Public Decency” appears to potentially criminalise anything that people might find a bit icky, and not long ago was used to convict somebody for having sex with his bicycle in the privacy of his own hotel room (don’t ask me about the logistics). The poor man ended up on the sexual offenders register.

In October Scotland’s new Sexual Offences Act will come into force. Unlike the 2003 Act that was written for England and Wales, the Scottish act contains a clause outlawing “indecent communication”. It will soon be illegal to communicate with someone sexually – either in writing or in speech – without obtaining their consent, or without the ‘reasonable belief’ that they do consent to it. Quite simply they have taken the standard traditionally applied to rape – to the actual penetration of another person’s body – and applied it to what people say.'

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