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There was concern that the description of a gender as being ‘acquired’ is in itself both wrong and offensive as it implies a degree of choice or preference that is simply not the case.
Past behaviour does not mitigate against rape, especially given that sexual crime is under-reported, particularly in the context of domestic abuse, therefore the lack of previous conviction is not a true indication of past behaviour.
Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill (in private): The Committee will consider a draft Stage 1 report.
It sets out three conditions, all of which must be proven for a conviction: • the accused engaged in a course of behaviour which was abusive of the accused’s partner or ex-partner • a reasonable person would consider the course of behaviour to be likely to cause the partner/ex-partner to suffer physical or psychological harm • the accused either intended the course of behaviour to cause such harm or was reckless as to whether it would.
PB/S6/24/150 Parliamentary Bureau – Referral of a Bill at Stage 1 Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill Introduction 1.