Abuse of position of trust.
3
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 to
, 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.
S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 7(3); s. 3 in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 3 in force for S. by S.S.I. 2000/452, art. 2(c)
S. 4 repealed (E.W.N.I.) (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(4), Sch. 7; S.I. 2004/874, art. 2
Words in s. 3(2)(c) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 62; S.S.I. 2005/604, arts. 2(c), 4