s 3 Abuse of position of trust.
(1) Subject to subsections (2) and (3) below, it shall be an offence for a person aged 18 or over— (a) to have sexual intercourse (whether vaginal or anal) with a person under that age; or (b) to engage in any other sexual activity with or directed towards such a person, if (in either case) he is in a position of trust in relation to that person. (2) Where a person (“ A ”) is charged with an offence under this section of having sexual intercourse with, or engaging in any other sexual activity with or directed towards, another person (“ B ”), it shall be a defence for A to prove that, at the time of the intercourse or activity— (a) he did not know, and could not reasonably have been expected to know, that B was under 18; (b) he did not know, and could not reasonably have been expected to know, that B was a person in relation to whom he was in a position of trust; or (c) he was lawfully married to , or in civil partnership with, B. (3) It shall not be an offence under this section for a person (“ A ”) to have sexual intercourse with, or engage in any other sexual activity with or directed towards, another person (“ B ”) if immediately before the commencement of this Act— (a) A was in a position of trust in relation to B; and (b) a sexual relationship existed between them. (4) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both. (5) In this section, “ sexual activity ”— (a) does not include any activity which a reasonable person would regard as sexual only with knowledge of the intentions, motives or feelings of the parties; but (b) subject to that, means any activity which such a person would regard as sexual in all the circumstances.