But that's not the case now though. And lesbian and gay rape don't get dismissed as 'not rape' simply because of the lack of a penis or a vagina being involved in their respective cases.

The problem with the Scottish laws is that they're not from the past. They're here. They're now. If someone goes to Scotland and is raped, that's what they'll be up against -- a judge who only counts it as rape if the victim is biologically female, the criminal is biologically male, and she fought with everything she could to get away from him.