CRIMES ACT 1914 SECT 50CB

It is a defence to a prosecution for an offence against Division 2 that:

(a)

at the time of the sexual intercourse or act of indecency, there existed between the defendant and the person in relation to whom the offence was allegedly committed a marriage that was valid, or recognised as valid, under the law of:

(i)

the place where the marriage was solemnised; or

(ii)

the place where the offence was allegedly committed; or

(iii)

the place of the defendant's residence or domicile; and

(b)

when it was solemnised, the marriage was genuine.

Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code ).