The Sexual Offences (Northern Ireland) Order 2008 No. 1769 (NI. 2)

PART 3 N.I. SEXUAL OFFENCES AGAINST CHILDREN

Familial sex offences against children under 18 N.I.

Articles 32 and 33: sexual relationships which pre-date family relationships N.I.

36.—(1) Conduct by a person (A) which would otherwise be an offence under Article 32 or 33 against another person (B) is not an offence under that Article if—

(a) the relation of A to B is not within paragraph (2) of Article 34,

(b) it would not be within that paragraph if Article 40 of the Adoption (Northern Ireland) Order 1987 (NI 22) did not apply, and

(c) immediately before the relation of A to B first became such as to fall within Article 34, a sexual relationship existed between A and B.

(2) Paragraph (1) does not apply if at the time referred to in paragraph (1)(c) sexual intercourse between A and B would have been unlawful.

(3) In proceedings for an offence under Article 32 or 33 it is for the defendant to prove the matters mentioned in paragraph (1)(a) to (c).