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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
52H Defence—reasonable belief in marriage or domestic partnership
It is a defence to a charge for an offence against a provision of this Subdivision for A to prove on the balance of probabilities that, at the time of the conduct constituting the offence, A reasonably believed that—
(a)A and the person who has a cognitive impairment or mental illness were married to each other and that the marriage was recognised as valid under the Marriage Act 1961 of the Commonwealth; or