Part 1Sexual Offences
Abuse of position of trust
23Sections 16 to 19: F1exception for spouses and civil partners
F21
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 F3or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B F4were at the time lawfully married or civil partners of each other.