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Sexual Offences (Scotland) Act 2009
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47Sexual abuse of trust of a mentally disordered person: defences
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(1)It is a defence to a charge in proceedings under section 46 that A reasonably believed—
(a)that B did not have a mental disorder, or
(b)that A was not a person specified in section 46(2).
(2)It is a defence to a charge in proceedings under section 46—
(a)that B was A’s spouse or civil partner, or
(b)in a case where A was—
(i)a person specified in section 46(2)(a), that immediately before A began to provide care services to B, a sexual relationship existed between A and B,
(ii)a person specified in section 46(2)(b), that immediately before B was admitted to the hospital (or other establishment) referred to in that provision or (where B has been admitted to that establishment more than once) was last admitted to it, such a relationship existed.
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