Part 1

Sexual Offences

Familial child sex offences

Sections 25 and 26: exception for spouses and civil partners
28
1
Conduct by a person (A) which would otherwise be an offence under section 25 or 26 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 or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.
S. 28: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))
Words in s. 28(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))
Words in s. 28(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))