Sexual Offences Act 2003

23Sections 16 to 19: [F1exception for spouses and civil partners]E+W

This section has no associated Explanatory Notes

[F2(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 [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].]

Textual Amendments

F1S. 23: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))