Ending conversion practices in Scotland: consultation summary

Part 5: Overview of Proposals

A package of measures

34. We propose a package of measures to address conversion practices in Scotland and prevent harm, similar to the approach used to address forced marriage, female genital mutilation, and domestic abuse.

New Criminal Offences

This would criminalise harmful conversion practices committed against an individual when certain thresholds are met.

It will focus on two types of conduct: the provision of a service, and a coercive course of behaviour.

There will also be an offence relating to taking a person out of Scotland for conversion practices.

Those found guilty will face a fine or imprisonment.

Statutory Aggravation

Where the act(s) undertaken as part of a conversion practice are already criminal offences, for example, assault, there would be a new statutory aggravation where the crime was motivated by change or suppression of a person’s sexual orientation or gender identity.

Courts will be required to take this motivation into account during sentencing.

Civil Protection Order

A civil protection order is a preventative and protective tool.

The civil courts would be able to make an order to protect either a specific victim or the wider community from the harm of conversion practices.

Breach of the civil order would be a criminal offence.

5. Do you support or not support an approach which uses a package of both criminal and civil measures to address conversion practices in legislation?

Support

Do not support

Don’t know

6. Please give reasons for your answer to Question 5.