Consent, Gender-based Violence & Equally Safe

Sexual violence is any unwanted sexual act or activity. There are many different kinds of sexual violence that exist on a continuum including but not limited to rape, sexual assault, child sexual abuse and sexual harassment. Sexual violence can be psychological and/or physical. Sexual violence in different forms has been recognised to be predominantly committed by men against women. This finds recognition in the term ‘gender-based violence’. 

The Scottish Government defines gender-based violence as a function of gender inequality, and an abuse of male power and privilege. It takes the form of actions that result in physical, sexual and psychological harm or suffering to women and children, or affront to their human dignity, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. (Scottish Government 2016a:13) 

While it is acknowledged that GBV mostly affects women and that predominantly men are the main perpetrators, it may impact individuals of any age, gender, sexual orientation, faith or ethnicity. GBV cuts across race, class, caste, region and religion. 

(ESHE toolkit, 2021) 

In Scotland the act of giving consent is known as 'free agreement' under the Sexual Offences (Scotland) Act 2009. The law recognises that a person might not have sufficient capacity because of their age or because of a mental disorder. It also recognises that the amount someone has had to drink or the effect of drugs they have can also affect their ability to consent.

Under the same Act:

• A person commits rape if he intentionally penetrates the vagina, anus or mouth of another person with their penis without consent (Section 1).
• A person commits sexual assault if he or she intentionally touches another person, the touching is sexual and the person does not consent. There are various different types of sexual assault, and these are explained clearly in Section 2 and Section 3 of the Act.
• A person commits sexual coercion if he or she forces another person to participate in a sexual activity without his or her consent (Section 4).

Some other relevant definitions include: 

Sexual harassment:  

A person commits sexual harassment when they behaves in a way which makes you feel distressed, intimidated or offended and the behaviour is of a sexual nature. Sexual harassment is a form of discrimination under the Equality Act 2010. Citizens Advice Bureau 

Revenge Porn:  

Revenge porn is a crime and constitutes the sharing of private sexual materials with intent to cause distress.

In English law consent exists where a person agrees by choice, and has the freedom and capacity to make that choice as defined in the Sexual Offences Act 2003.

Under the same act:

• A person commits rape if they intentionally penetrates the vagina, anus or mouth of another person with their penis without consent (Section 1).
• A person commits sexual assault if they intentionally touch another person, the touching is sexual and the person does not consent (Section 3).

For both men and women, the age of consent to any form of sexual activity is 16.

There are specific laws in place to protect children under the age of 13 who cannot legally give their consent to any kind of sexual activity.
A person under the age of 18 cannot consent to sex if it is with a person who has a duty of care or is in a position of authority or trust, such as a teacher, doctor or lecturer.

If you repeatedly ask for consent and are refused, this can count as sexual harassment.

For both men and women, the age of consent to any form of sexual activity is 16.

There are specific laws in place to protect children under the age of 13 who cannot legally give their consent to any kind of sexual activity.
A person under the age of 18 cannot consent to sex if it is with a person who has a duty of care or is in a position of authority or trust, such as a teacher, doctor or lecturer.

If you repeatedly ask for consent and are refused, this can count as sexual harassment.

At UWS we take gender based violence seriously and we want to ensure we provide a consistent, caring, and timely response when any member of our University community is affected by such violence.

Should you wish to speak to someone who can advise what support services are available at UWS a safe place to contact is the Hub and the student links on your campus.

Our staff will deal with your enquiry sensitively and they can also advise you of specialist support services available externally. Information will be treated as confidential, unless there is a serious risk of harm to yourself or others.

Please contact the HUB by emailing hub@uws.ac.uk, in person or by phoning 0141 848 3800 or you can read more information below about counselling and specialist services.

Information will be treated as confidential, unless there is a serious risk of harm to yourself or others.

IN THE UNIVERSITY 

The university offers a wide range of different services that might be relevant if you have been affected by sexual violence.

This short video outlines a few of the support mechanisms available at the University and Students’ Union.

The University recognises that experiences of sexual violence can affect many aspects of your personal and academic life. You can access all relevant Student Support and Wellbeing Services via contacting the HUB or following this link. 

The counselling service at UWS provides free confidential support to all students. All of our counsellors are practised and skilled in providing support, and where relevant can refer you on to specialist support services. 

To arrange to see a counsellor go to the Hub on your campus, phone on 0141 848 3800 or email hub@uws.ac.uk 

Any student experiencing financial hardship as part of their experience of GBV can contact the Funding and Advice Team and can find out more online here.

THE STUDENT UNION (SAUWS) 

Your Student Union can also provide support or refer you to a specialist.