Commentary on Sections Schedule 27 - Minor and consequential amendments Paragraph 127 - Criminal Justice Act 1988 (c. 33)
1017.Section 160A of the Criminal Justice Act 1988 concerns cases where a defendant, charged with an offence involving an indecent photograph of a child under section 160 of the Act, proves that at the relevant time the child was aged 16 or over and was either married to the defendant or living with the defendant as a partner in an enduring family relationship. In such cases, where the evidence raises an issue as to the child’s consent, section 160A provides that the defendant is not guilty unless it is proved that the child did not so consent and the defendant did not reasonably believe that the child consented. Paragraph 127 amends section 160 to ensure that the same provisions apply if the defendant and the child were civil partners of each other, so that they are treated in the same way as spouses.