{
  "url": "https://openlegislation.uk/sexual-offences-amendment-act-2000/section-3",
  "json_url": "https://openlegislation.uk/sexual-offences-amendment-act-2000/section-3.json",
  "legislation": "ukpga/2000/44",
  "legislation_title": "Sexual Offences (Amendment) Act 2000",
  "legislation_url": "https://openlegislation.uk/sexual-offences-amendment-act-2000",
  "path": "section/3",
  "kind": "section",
  "number": "3",
  "heading": "Abuse of position of trust.",
  "text": "(1) Subject to subsections (2) and (3) below, it shall be an offence for a person aged 18 or over—\n(a) to have sexual intercourse (whether vaginal or anal) with a person under that age; or\n(b) to engage in any other sexual activity with or directed towards such a person,\nif (in either case) he is in a position of trust in relation to that person.\n(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—\n(a) he did not know, and could not reasonably have been expected to know, that B was under 18;\n(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\n(c) he was lawfully married to, or in civil partnership with, B.\n(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—\n(a) A was in a position of trust in relation to B; and\n(b) a sexual relationship existed between them.\n(4) A person guilty of an offence under this section shall be liable—\n(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;\n(b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.\n(5) In this section, “ sexual activity ”—\n(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\n(b) subject to that, means any activity which such a person would regard as sexual in all the circumstances.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 4 repealed (E.W.N.I.) (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(4), Sch. 7; S.I. 2004/874, art. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 3(2)(c) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 62; S.S.I. 2005/604, arts. 2(c), 4"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 7(3); s. 3 in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 3 in force for S. by S.S.I. 2000/452, art. 2(c)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2000/44/section/3",
    "retrieved_at": "2026-10-29T09:20:20.811235+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."
}