Ending conversion practices in Scotland: consultation summary

Part 10: Conversion Practices as an Aggravating Factor for Existing Offences

60. There are forms of conversion practices that can be prosecuted under existing criminal offences. This includes situations where the conduct has a physical element, such as assault, including sexual assault, or forced marriage.

61. We propose that conversion practices is made an aggravating factor for existing offences. This would give flexibility to the Crown Office and Procurator Fiscal Service (COPFs) in deciding how best to prosecute a situation of conversion practices, and is particularly important where conduct may not reach the threshold to be captured by the new offence, but meets the requirements of an existing criminal offence.

62. An aggravation ‘attaches’ to an existing offence, in certain circumstances, based on the conduct or motivation of the offender. It indicates a more serious degree of harm than if the same crime was committed without that factor being present.

63. Creating a new statutory aggravation for conversion practices would require the courts to explicitly recognise and note the intention of the perpetrator. It would also require courts to take the aggravations into account when determining sentence.

24. What are your views on the proposal that conversion practices should be an aggravating factor for existing offences?

Support

Do not support

Don’t know

25. Please explain your answer to Question 24.