CPD 1 hour
PEAT Outcome - Relevant legal knowledge
OBJECTIVES
This webinar will explore the landmark Kirkup case, in which the court held that, despite the broad terms of section 60 of the Sexual Offences (Scotland) Act 2009, there are certain acts to which valid consent cannot be given. In particular, the judgment found that activities such as strangulation (including erotic asphyxiation) and striking or slapping to the head or face cannot be lawfully consented to, even within the context of a consensual sexual relationship.
The speaker, who has been closely involved in the case, will provide detailed insight into the legal reasoning and its broader implications — especially in relation to BDSM, consent, and the limits of lawful sexual conduct in Scotland. The decision has far-reaching consequences beyond the immediate facts of the case and raises critical questions about personal autonomy, criminal liability, and the boundaries of consent.
DELEGATES
This Zoom webinar will be of interest to criminal practitioners, human rights lawyers, academics, and others working in the fields of sexual offences, consent, and criminal justice reform.
SPEAKER
David Taylor, Advocate, Black Chambers
In 1997, David set up his own practice, Taylor & Kelly, which subsequently became the leading firm for issues arising from prisoner's rights. In 2004 he was granted rights of audience in the High Court of Justiciary. Subsequently based in Edinburgh, he practised extensively in the Court of Appeal before joining Crown Office in 2012 as an Advocate Depute, where he served until 2019. During his time as an Advocate Depute, David prosecuted exclusively in the High Court, including drugs, rape and murder cases.
