Commentary on Sections Part 1, Chapter 2 – Aggravation as to Domestic Abuse Section 17: Exception regarding the aggravation
Section 17 provides that an offence cannot be aggravated if the partner/connected person is under 16 and the accused has parental responsibility for them.  As set out at section 11, it is considered that there are other provisions that deal with, and should more appropriately be used for, direct abuse of a child or young person by their parent or other carer.