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Part 1Sexual Offences

Abuse of position of trust

23Sections 16 to 19: marriage exception

(1)Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if at the time —

(a)B is 16 or over, and

(b)A and B are lawfully married.

(2)In proceedings for such an offence it is for the defendant to prove that A and B were lawfully married at the time.