{
  "url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/section-47",
  "json_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/section-47.json",
  "legislation": "asp/2009/9",
  "legislation_title": "Sexual Offences (Scotland) Act 2009",
  "legislation_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009",
  "path": "section/47",
  "kind": "section",
  "number": "47",
  "heading": "Sexual abuse of trust of a mentally disordered person: defences",
  "text": "(1) It is a defence to a charge in proceedings under section 46 that A reasonably believed—\n(a) that B did not have a mental disorder, or\n(b) that A was not a person specified in section 46(2).\n(2) It is a defence to a charge in proceedings under section 46—\n(a) that B was A's spouse or civil partner, or\n(b) in a case where A was—\n(i) a person specified in section 46(2)(a), that immediately before A began to provide care services to B, a sexual relationship existed between A and B,\n(ii) a person specified in section 46(2)(b), that immediately before B was admitted to the hospital (or other establishment) referred to in that provision or (where B has been admitted to that establishment more than once) was last admitted to it, such a relationship existed.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/9/section/47",
    "retrieved_at": "2026-10-29T20:15:36.910809+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."
}