Sexual Offences (Scotland) Act 2009 (asp 9)

Part 5 S Abuse of position of trust

Mentally disordered persons S

47 Sexual abuse of trust of a mentally disordered person: defences S

(1) It is a defence to a charge in proceedings under section 46 that A reasonably believed—

(a) that B did not have a mental disorder, or

(b) that A was not a person specified in section 46(2).

(2) It is a defence to a charge in proceedings under section 46—

(a) that B was A's spouse or civil partner, or

(b) in a case where A was—

(i) a person specified in section 46(2)(a), that immediately before A began to provide care services to B, a sexual relationship existed between A and B,

(ii) a person specified in section 46(2)(b), that immediately before B was admitted to the hospital (or other establishment) referred to in that provision or (where B has been admitted to that establishment more than once) was last admitted to it, such a relationship existed.