Criminal Law (Consolidation) (Scotland) Act 1995

3 Intercourse of person in position of trust with child under 16

(1) Any person of or over the age of 16 years who—

(a) has sexual intercourse with a child under the age of 16 years;

(b) is a member of the same household as that child; and

(c) is in a position of trust or authority in relation to that child,

shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case.

(2) This subsection applies where the accused—

(a) believed on reasonable grounds that the person with whom he or she had sexual intercourse was of or over the age of 16 years; or

(b) did not consent to have sexual intercourse, or to have sexual intercourse with that person; or

(c) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.