In 2004, the Scottish Law Commission began working on a reference from the Scottish Executive to "examine the law relating to rape and other sexual offences, and the evidential requirements for proving such offences, and to make recommendations for reform" and completed its report in December 2007.

[7] Under the Act, a number of circumstances where the victim is unable to give consent (such as incapacitation due to alcohol consumption) are illegal.

[8] A spokesperson for the Scottish Government has said that the Act provides "a clear legal framework that reflects the values of modern society.

Sections 18-47 of the Act are on the subject of sexual offences relating to children, and to people under a duty of care such as mentally disordered persons.

The age of consent in Scots law is 16, with the law defining offenses against "young children" (under 13), including "Rape of a young child" (section 18,[11] the equivalent of statutory rape) as well as offences against "older children" (aged at least 13 but less than 16) including "Having intercourse with an older child" (section 28).