3 Abuse of position of trust.

F1(1)

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.