Page:Sexual Offences Act 2003.pdf/20

14 Part 1—Sexual Offences :: within the meaning given by section 2(3) of the Care Standards Act 2000 (c. 14);
 * (b) in relation to Northern Ireland, means a hospital within the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), or any other establishment which is a hospital within the meaning given by Article 2(2) of the 2003 Order;
 * “independent clinic” has—
 * (a) in relation to England and Wales, the meaning given by section 2 of the Care Standards Act 2000;
 * (b) in relation to Northern Ireland, the meaning given by Article 2(2) of the 2003 Order;
 * “private hospital” has the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
 * “residential care home” means an establishment which is a residential care home for the purposes of the 2003 Order;
 * “residential family centre” has the meaning given by section 22 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3);
 * “supervision order” has—
 * (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41), and
 * (b) in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2));
 * “voluntary home” has—
 * (a) in relation to England and Wales, the meaning given by section 60(3) of the Children Act 1989, and
 * (b) in relation to Northern Ireland, the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995.

23 Sections 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.

24 Sections 16 to 19: sexual relationships which pre-date position of trust

(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.