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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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Hi, I have asked a girl on a dating website if she would do

Customer Question

Hi, I have asked a girl on a dating website if she would do a fetish act (more or less sexual but it didn't involve any sex act) on me against money. It was only meant as a joke. She said she was going to contact the police. The dating website is hosted in Canada I believe. Can I get in trouble for that? It was just meant as a joke and I was only looking for a reaction.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Unless what you did is likely to have placed her in a state of fear and alarm no crime has been committed.

I don't think you should be worrying about this.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Relist: Incomplete answer.
I want more details, what would the police say if she went to the police station? Would they tell her there is nothing they can do?
Expert:  JGM replied 3 years ago.
Clearly it depends what she tells them and what accusation is made. I doubt they would take it further. The charge if any would be under the Criminal Justice and Licensing (Scotland) Act 2010 which provides as follows:

"38 Threatening or abusive behaviour
(1) A person (A) commits an offence if
(a) A behaves in a threatening or abusive manner,
(b) the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and
(c) A intends by the behaviour to cause fear or alarm or is reckless as to whether the
behaviour would cause fear or alarm.
(2) It is a defence for a person charged with an offence under subsection (1) to show that the
behaviour was, in the particular circumstances, reasonable.
(3) Subsection (1) applies to
(a) behaviour of any kind including, in particular, things said or otherwise communicated
as well as things done, and
(b) behaviour consisting of
(i) a single act, or
(ii) a course of conduct.
(4) A person guilty of an offence under subsection (1) is liable
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a
fine, or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a
fine not exceeding the statutory maximum, or to both."

So it would have to be decided if your behaviour fell within the scope of the Act. I don't think it does.