I13 Abuse of position of trust.

F11

Subject to subsections (2) and (3) below, it shall be an offence for a person aged 18 or over—

a

to have sexual intercourse (whether vaginal or anal) with a person under that age; or

b

to engage in any other sexual activity with or directed towards such a person,

if (in either case) he is in a position of trust in relation to that person.

2

Where a person (“ A ”) is charged with an offence under this section of having sexual intercourse with, or engaging in any other sexual activity with or directed towards, another person (“ B ”), it shall be a defence for A to prove that, at the time of the intercourse or activity—

a

he did not know, and could not reasonably have been expected to know, that B was under 18;

b

he did not know, and could not reasonably have been expected to know, that B was a person in relation to whom he was in a position of trust; or

c

he was lawfully married toF2, or in civil partnership with, B.

3

It shall not be an offence under this section for a person (“ A ”) to have sexual intercourse with, or engage in any other sexual activity with or directed towards, another person (“ B ”) if immediately before the commencement of this Act—

a

A was in a position of trust in relation to B; and

b

a sexual relationship existed between them.

4

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.

5

In this section, “ sexual activity ”—

a

does not include any activity which a reasonable person would regard as sexual only with knowledge of the intentions, motives or feelings of the parties; but

b

subject to that, means any activity which such a person would regard as sexual in all the circumstances.