R v HM Adv (1988 SCCR 254)

Citation: R v HM Adv (1988 SCCR 254)

Link to case on WorldLII (reference).

Rule of thumb 1: Do all crimes need an in-point statute to prosecute someone? No, if it is repugnant behaviour then it is still a crime.

Rule of thumb 2: Are parents allowed to engage in sexual behaviour with their children? No, it is repugnant behaviour which is a criminal offence.

Judgment:

'The reasons for the sheriff's decision clearly appear and we observe that he seems to be saying what has been said by jurists since the time of Hume, namely that a sexual relationship between a parent and child is in the law of Scotland regarded as behaviour which is repugnant to society" (at p. 260). Lord Justice General Emslie

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.