Part 5Abuse of position of trust

Children

45Sexual abuse of trust: defences

1

It is a defence to a charge in proceedings under section 42 that A reasonably believed—

a

that B had attained the age of 18, or

b

that B was not a person in relation to whom A was in a position of trust.

2

It is a defence to a charge in proceedings under section 42—

a

that B was A’s spouse or civil partner, or

b

that immediately before the position of trust came into being, a sexual relationship existed between A and B.

3

Subsection (2) does not apply if A was in a position of trust in relation to B by virtue of section 43(6).