[F1(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, immediately before the position of trust arose, a sexual relationship existed between A and B.
(2)Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.
(3)In proceedings for an offence under any of sections 16 to 19 it is for the defendant to prove that such a relationship existed at that time.]
Textual Amendments
F1Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2