Article 30 Articles 23 to : exception for spouses and civil partners
(1)
Conduct by a person (A) which would otherwise be an offence under any of Articles to against another person (B) is not an offence under that Article 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.