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Sexual Offences Act 2003 (c. 42) Part 1—Sexual Offences (6) In the Crown Court the question whether the condition is met is to be decided by the judge alone.

(7) Schedule 2 lists the sexual offences to which this section applies. Supplementary and general 73 Exceptions to aiding, abetting and counselling

(1) A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—
 * (a) protecting the child from sexually transmitted infection,
 * (b) protecting the physical safety of the child,
 * (c) preventing the child from becoming pregnant, or
 * (d) promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.

(2) This section applies to—
 * (a) an offence under any of sections 5 to 7 (offences against children under 13);
 * (b) an offence under section 9 (sexual activity with a child);
 * (c) an offence under section 13 which would be an offence under section 9 if the offender were aged 18;
 * (d) an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.

(3) This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part.

74 “Consent”

For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.

75 Evidential presumptions about consent

(1) If in proceedings for an offence to which this section applies it is proved—
 * (a) that the defendant did the relevant act,
 * (b) that any of the circumstances specified in subsection (2) existed, and
 * (c) that the defendant knew that those circumstances existed,

the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(2) The circumstances are that—
 * (a) any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the