Specific offence governing AI intimate images proposed

While laws already exist covering the sharing of deepfake intimate images, the consultation proposes a new offence which would address issues around the use of AI tools to create intimate images without consent. The consultation also asks for views about criminalising digital tools that are designed solely to generate intimate images and videos.

Pregnancy is a time when women can be at greater risk of domestic abuse. The consultation considers a new statutory aggravation so that courts must take into account treating a domestic abuse offence involving a pregnant woman more seriously in sentencing.

To tackle spiking crimes, where someone is given alcohol or drugs without their consent, the consultation outlines that whilst there are “existing effective” laws in place, the Scottish government wants to hear views on how best women and girls can be protected from harm.

The consultation also seeks views on whether to remove the need for a court to impose non-harassment orders to improve protection for victims, instead allowing the Crown Office to use these as an alternative to prosecuting cases.

The benefits of existing Scots law in dealing with the dangers of non‑fatal strangulation are highlighted in the consultation and views can be offered on whether new criminal laws are needed to deal with this conduct.

Justice Secretary Angela Constance said: “Violence against women and girls is abhorrent and we must ensure we are doing all we can to tackle it, whether it is established or emerging forms of harm. We have made significant progress already - including the introduction of the domestic abuse offence, improved training for those supporting victims and new powers to enforce protective orders in Scotland imposed elsewhere in the UK.

“For this consultation I am particularly keen to hear from those with direct experience of harm. The responses will help to inform future action that is needed to achieve the outcome we all seek: stronger protections and actions which lead to lower levels of violence against women and girls and a safer Scotland.”