s. 48 (2) Consent is not a defence to a charge under S. 48(2) subsection (1) unless the accused satisfies the amended by No. 2/2006 court on the balance of probabilities that at the s. 12(2). time of the alleged offence the accused believed on reasonable grounds— (a) that the child was aged 18 or older; or (b) that he or she was married to the child. S. 48(3) (3) If consent is relevant to a charge under subsection inserted by (1), the prosecution bears the burden of proving No. 2/2006 s. 12(3). lack of consent. (4) For the purposes of subsection (1), and without S. 48(4) inserted by limiting that subsection, a child is under the care, No. 2/2006 s. 12(3). supervision or authority of a person if the person is— (a) the child's teacher; (b) the child's foster parent; (c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach; (h) the child's counsellor; (i) the child's health professional; S. 48(4)(j) (j) a police officer acting in the course of his or amended by her duty in respect of the child; No. 37/2014 s. 10(Sch. item 36.4). (k) employed in, or providing services in, a S. 48(4)(k) amended by remand centre, youth residential centre, No. 8/2008 youth justice centre or prison and is acting in s. 22(1). the course of his or her duty in respect of the child.
S. 48(2) amended by No. 2/2006 s. 12(2). (2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds— s. 48 (a) that the child was aged 18 or older; or (b) that he or she was married to the child. S. 48(3) inserted by No. 2/2006 s. 12(3). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 48(4) inserted by No. 2/2006 s. 12(3). (4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is— (a) the child's teacher; (b) the child's foster parent; (c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach; (h) the child's counsellor; (i) the child's health professional; S. 48(4)(j) amended by No. 37/2014 s. 10(Sch. item 36.4). (j) a police officer acting in the course of his or her duty in respect of the child; S. 48(4)(k) amended by No. 8/2008 s. 22(1). (k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child.
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