Part 1Sexual Offences
Familial child sex offences
29Sections 25 and 26: sexual relationships which pre-date family relationships
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—
a
the relation of A to B is not within subsection (2) of section 27,
b
it would not be within that subsection if F1section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and
c
immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B.
2
Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful.
3
In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c).