{
  "url": "https://openlegislation.uk/sexual-offences-act-2003/section-44",
  "json_url": "https://openlegislation.uk/sexual-offences-act-2003/section-44.json",
  "legislation": "ukpga/2003/42",
  "legislation_title": "Sexual Offences Act 2003",
  "legislation_url": "https://openlegislation.uk/sexual-offences-act-2003",
  "path": "section/44",
  "kind": "section",
  "number": "44",
  "heading": "Sections 38 to 41: sexual relationships which pre-date care relationships",
  "text": "(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.\n(2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/42/section/44",
    "retrieved_at": "2026-10-29T09:17:48.870823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}