28Sections 25 and 26: [F1exception for spouses and civil partners]E+W
(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].
Textual Amendments
F1S. 28: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))
F2Words in s. 28(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))
F3Words in s. 28(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))