Part 5Abuse of position of trust
Children
45Sexual abuse of trust: defences
(1)
It is a defence to a charge in proceedings under section 42 that A reasonably believed—
(a)
that B had attained the age of 18, or
(b)
that B was not a person in relation to whom A was in a position of trust.
(2)
It is a defence to a charge in proceedings under section 42—
(a)
that B was A's spouse or civil partner, or
(b)
that immediately before the position of trust came into being, a sexual relationship existed between A and B.
(3)
Subsection (2) does not apply if A was in a position of trust in relation to B by virtue of section 43(6).