some quick googling turned up apparently a background briefing for the scottish parliament which says in part rape is a gender specific crime in scotland it can only be committed by males upon females which appears to mean by persons biologically male at birth upon persons born biologically female it is therefore a crime of specific personal violence perpetrated on females the act of rape must consist of penetration of the victim's vagina by the accused's penis rather unbelievably it appears from other googling that scotland does not even have a written down criminal code so it is difficulut to settle this question with sources as authoritative as would be possible in the rest of the world by the way where is the link from the main article to laws about rape