Section 28 Sexual Offences Act 2003

Section 28 of the Sexual Offences Act 2003 is about Sections 25 and 26: exception for spouses and civil partners. It provides as follows:

(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 or civil partners of each other.

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

Source: legislation.gov.uk
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