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.