PART 3SEXUAL OFFENCES AGAINST CHILDREN
Offences against children under 18: abuse of position of trust
Articles 23 to 26: exception for spouses and civil partners30
1
Conduct by a person (A) which would otherwise be an offence under any of Articles 23 to 26 against another person (B) is not an offence under that Article if at the time—
a
B is 16 or over, and
b
A and B are lawfully married or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.