Sexy texting in Scotland punishable by 10 year prison term

By Davey Winder
Sunday, 22 June 2008 19:28

Regulation

A new crime of 'communicating indecently' covering both email and text messaging has been announced in Scotland. Randy Scots who send messages of a sexual nature could face up to 10 years in jail as a result of the new Sexual Offences (Scotland) Bill.

Flirting by text message could soon become a very risky business for anyone who happens to live in Scotland. Indeed, an email or text message containing sexual content might just be enough to send you to prison for a lengthy stretch inside.

The stiff penalty is deliberate, designed to stamp out what the Scottish Law Commission refer to as a growing problem. According to an Out-Law report the sending of offensive messages in the workplace has become more commonplace.

That might well be true, but the new law is far too broad in its definition of indecent communication. It will be up to the courts to determine just who gets jailed for what, it seems.

The basis of what is a sweeping revision of sex crime laws in Scotland is sound enough: sending messages that have an intent to humiliate or distress the recipient is something that needs to be punishable by law.

Yet the Sexual Offences (Scotland) Bill also states that the offence will be committed if the court decides a message was sent to provide the sender with sexual gratification. Quite how that can be determined is another matter.

Creating a clear legal framework for sex crimes is an honourable intent. Ending up with a Bill which criminalises the sender of a joke text message, or a flirtatious email whose recipient does not share the attraction in the sober light of day, is quite different.