Written Question · S7W-04486 · Session 7
What assessment it has made of whether existing Scottish criminal law provides sufficient powers to investigate and prosecute the online re…
The question
To ask the Scottish Government what assessment it has made of whether existing Scottish criminal law provides sufficient powers to investigate and prosecute the online recruitment, grooming, control and sexual exploitation of vulnerable women and girls through social media and messaging platforms, and what consideration it has given to introducing specific offences to address such activity.
The answer
It is an offence at section 1 of the Human Trafficking (Scotland) Act 2015 to recruit, transport or transfer, harbour or receive, exchange or transfer control over another person, or arrange or facilitate any of those actions, with a view to their being exploited.Exploitation includes slavery, servitude and forced or compulsory labour, prostitution and sexual exploitation, the removal of organs and the use of force, threats or deception to induce the person to provide services of any kind, to provide another person with benefits of any kind or to enable a person to acquire benefits of any kind.It is an offence at section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 for a person who has met or communicated with a child under the age of 16 on at least one earlier occasion to intentionally meet the child, travel with the intention of meeting the child or arrange for the child to travel with the intention of meeting them with the intention of engaging in unlawful sexual activity with or in the presence of that child (this is often referred to as a 'grooming' offence).These offences can be committed where the communication or contact occurs through social media or messaging platforms in the same way as where any other means is used.Depending on the facts and circumstances of the particular case, there are a range of other criminal offences that may be committed by a person who uses social media and messaging platforms to contact any person with the intent either of committing a criminal offence against them or seeking to involve them in criminal activity.The Scottish Government keeps the law under continual review to ensure that it remains effective.
In the Official Report
No contribution in the Official Report cites S7W-04486 by reference.