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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8E) - Sexual offences against persons with a cognitive impairment or mental illness
52G Exception—marriage or domestic partnership
A does not commit an offence against a provision of this Subdivision if, at the time at which the offence is alleged to have been committed—
(a)A and the person who has a cognitive impairment or mental illness are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or