Section 44 Sexual Offences Act 2003

Section 44 of the Sexual Offences Act 2003 is about
Sections 38 to 41: sexual relationships which pre-date care relationships. It provides as follows:

(1)Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B.

(2)Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.

(3)In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time.

Source: legislation.gov.uk
Contains public sector information licensed under the Open Government Licence v3.0. © Crown copyright. Users may consult legislation.gov.uk for the most current version.