Part 1Sexual Offences
Familial child sex offences
28Sections 25 and 26: F1exception for spouses and civil partners
1
Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time—
a
B is 16 or over, and
b
A and B are lawfully married F2or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B F3were at the time lawfully married or civil partners of each other.