(2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— (a) the accused satisfies the court on the balance S. 47(2)(a) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that the child was s. 10(1). aged 16 or older; or (b) the accused was not more than 2 years older than the child; or (c) the accused satisfies the court on the balance S. 47(2)(c) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that he or she was s. 10(1). married to the child. (3) If consent is relevant to a charge under subsection S. 47(3) inserted by (1), the prosecution bears the burden of proving No. 2/2006 lack of consent. s. 10(2). 47A Persistent sexual abuse of child under the age of 16 S. 47A (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. (1) A person who persistently sexually abuses a child S. 47A(1) amended by under the age of 16 is guilty of an indictable Nos 81/1997 offence. s. 5(1)(a), 2/2006 s. 11(2), 74/2014 s. 5(3). (2) To prove an offence under subsection (1) it is necessary to prove— (a) that the accused during a particular period S. 47A(2)(a) amended by (while the child was under the age of 16) did No. 81/1997 an act in relation to the child which would s. 5(1)(b)(2). constitute an offence under a provision of
(2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— S. 47(2)(a) amended by No. 2/2006 s. 10(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or S. 47(2)(c) amended by No. 2/2006 s. 10(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child. S. 47(3) inserted by No. 2/2006 s. 10(2). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 47A (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. 47A Persistent sexual abuse of child under the age of 16 S. 47A(1) amended by Nos 81/1997 s. 5(1)(a), 2/2006 s. 11(2), 74/2014 s. 5(3). (1) A person who persistently sexually abuses a child under the age of 16 is guilty of an indictable offence. (2) To prove an offence under subsection (1) it is necessary to prove— S. 47A(2)(a) amended by No. 81/1997 s. 5(1)(b)(2). (a) that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of
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