s 28 Sections 25 and 26: exception for spouses and civil partners
(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 .