Page:Sexual Offences Act 2003.pdf/23

Sexual Offences Act 2003 (c. 42) Part 1—Sexual Offences 27 Family relationships

(1) The relation of one person (A) to another (B) is within this section if—
 * (a) it is within any of subsections (2) to (4), or
 * (b) it would be within one of those subsections but for section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

(2) The relation of A to B is within this subsection if—
 * (a) one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or
 * (b) A is or has been B’s foster parent.

(3) The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—
 * (a) one of them is or has been the other’s step-parent,
 * (b) A and B are cousins,
 * (c) one of them is or has been the other’s stepbrother or stepsister, or
 * (d) the parent or present or former foster parent of one of them is or has been the other’s foster parent.

(4) The relation of A to B is within this subsection if—
 * (a) A and B live in the same household, and
 * (b) A is regularly involved in caring for, training, supervising or being in sole charge of B.

(5) For the purposes of this section—
 * (a) “aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;
 * (b) “cousin” means the child of an aunt or uncle;
 * (c) a person is a child’s foster parent if—
 * (i) he is a person with whom the child has been placed under section 23(2)(a) or 59(1)(a) of the Children Act 1989 (c. 41) (fostering for local authority or voluntary organisation), or
 * (ii) he fosters the child privately, within the meaning given by section 66(1)(b) of that Act;
 * (d) a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship;
 * (e) “step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.

28 Sections 25 and 26: marriage exception

(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.

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