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Sexual Offences (Scotland) Act 2009

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This is the original version (as it was originally enacted).

45Sexual abuse of trust: defences

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(1)It is a defence to a charge in proceedings under section 42 that A reasonably believed—

(a)that B had attained the age of 18, or

(b)that B was not a person in relation to whom A was in a position of trust.

(2)It is a defence to a charge in proceedings under section 42—

(a)that B was A’s spouse or civil partner, or

(b)that immediately before the position of trust came into being, a sexual relationship existed between A and B.

(3)Subsection (2) does not apply if A was in a position of trust in relation to B by virtue of section 43(6).

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