ASSESSMENT: Leaving aside any offences for possession of drugs, discuss in detail the possible criminal charges which might result from this scenario. Remember to support your argument with statute or case-law as appropriate. Problem Scenario: Davie, Pete, Calum, Alan and Fiona have finished school and will be going off to university after the summer holidays. They decide to go off on holiday together, touring the Scottish Highlands. Most of the time, the group stay at camp-sites, but on one occasion, the camp-site is full, and they end up taking three rooms in a bed-and-breakfast. Davie and Pete have each had previous relationships with Fiona, and on occasion during the holiday, she agrees to have sex with one or other of them ‘for old time’s sake’. Davie and Pete share one of the rooms in the B&B, and invite the others in to partake of a large quantity of alcohol and cannabis which they have brought with them. After several hours, the five are considerably under the influence of the substances which they have consumed. Alan, who has fancied Fiona for years, sits down beside her and puts his arm round her shoulders. When Fiona appears not to object to this, Alan begins to kiss her and she responds with enthusiasm. They become increasingly passionate. By this time, the pair’s activities have come to the attention of the other three, and Calum suggests to them that they should go to one of the other bedrooms. However, Davie and Pete decide that they want to join in. Pete locks the door, and he and Davie go over to the bed where Alan and Fiona are by this stage undressed. Fiona sees the duo approaching and says to them, “Don’t even think about it – I’ve had enough of you two.” She turns back to Alan and they proceed to have sexual intercourse. Meanwhile Davie says to Pete, “We’re not going to let her get away with that.” Pete shakes his head. When Alan and Fiona have finished, Davie and Pete haul Alan off the bed and begin to kiss and fondle Fiona, who is unable to fend them off. First Davie and then Pete have sex with Fiona, in spite of her struggling to stop them. In the hope that he might be able to join in, Calum goes over and prevents Alan from going to the aid of Fiona, and Davie tells him, “Another five minutes, then you can have a go.” However, Calum gets cold feet, and goes back to his own room. He does not tell anybody else what has been going on. The following day Fiona reports the incident to the police. ASSESSMENT: Leaving aside any offences for possession of drugs, discuss in detail the possible criminal charges which might result from this scenario. Remember to support your argument with statute or case-law as appropriate.