Question reference: S6W-14201
- Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
- Date lodged: 20 January 2023
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Current status: Answered by Keith Brown on 2 February 2023
Question
To ask the Scottish Government when it plans to report on the (a) prevalence and (b) nature of spiking, and whether it will create a specific criminal offence of spiking.
Answer
The act of spiking is utterly abhorrent and we remain absolutely committed to working with partners to tackle all forms of violence against women.
The Scottish Government has taken a proactive approach to understand the prevalence and address concerns about the incidence of reported spiking in Scotland.
Since November 2021, several roundtable meetings have taken place to bring together partners from across the justice system including policing, victims organisations and prosecution in addition to representatives from colleges and universities, community safety and night-time economy sector. These meetings have been designed to discuss the range of initiatives and information available on spiking. Information is available on the safer.scot website, to inform and support the public around the subject of spiking. This is being updated on a quarterly basis.
Analysis of spiking incidents by Police Scotland is undertaken on a weekly basis to ensure national oversight is maintained and understanding evolves. The Scottish Government is kept informed about any changes in the prevalence of spiking. The number of reported incidents related to spiking are published annually within the National Statistics bulletin on crimes and offences recorded by the police in Scotland.
Spiking can be prosecuted under the common law offence of drugging, which is a broad offence covering all types of drink spiking. Another common law offence which may be relevant depending on the individual facts and circumstances of each case is assault. There is also a more specific statutory offence contained in section 11 of the Sexual Offences (Scotland) Act 2009 called administering a substance for sexual purposes. This provides it is an offence for a person to intentionally administer a substance, or cause a substance to be taken by another person, without the other person knowing, and without any reasonable belief that the other person knows, for a sexual purpose. A sexual purpose is for the purpose of stupefying or overpowering someone, so as to enable any person to engage in a sexual activity which involves the person who administered the substance.
We have no plans at this time to create a specific criminal offence of spiking however we keep all laws under review.