Part I

Sexual Offences

Incest and related offences

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