Part 1 E+W+N.I.Sexual Offences

Familial child sex offences E+W

28 Sections 25 and 26: [F1 exception 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 [F2 or civil partners of each other].

(2) In proceedings for such an offence it is for the defendant to prove that A and B [F3 were at the time lawfully married or civil partners of each other].

Textual Amendments

F1 S. 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))

F2 Words 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))

F3 Words 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))