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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Article 57: Articles 51 to 54: sexual relationships which pre-date care relationships

7.121.This Article provides A with a defence to the offences under Articles 51 to 54 if he proves that his sexual relationship with B pre-dated his relationship of care with B. But the sexual relationship must have been lawful for this defence to apply. So if A and B had a lawful sexual relationship before B developed his mental disorder and A started caring for him, A would not commit an offence by continuing that sexual relationship.

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