It is a defence to a charge for an offence against section 49B(1) if, at the time of the conduct constituting the offence—
(a) A was not more than 2 years older than B; and
(b) B was 12 years of age or more; and
(c) B consented to the sexual penetration.
References to A and B in this section are references to the same A and B referred to in section 49B.
S. 49W inserted by No. 47/2016 s. 16.