Sexual Offences Act 2003 (c. 42)

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

Care workers for persons with a mental disorder E+W

43 Sections 38 to 41: [F1 exception for spouses and civil partners] E+W

(1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 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. 43: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F2 Words in s. 43(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F3 Words in s. 43(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))