Section 5

1. Each of the offences referred to in Part 2 of this Schedule shall, subject to paragraphs 2, 3 and 4 of this Part be a sexual offence for the purposes of Part 2 of this Act.

2. An offence referred to in -

(a) paragraph 2 of Part 2 (sexual assault or indecent assault), other than an offence of sexual assault or indecent assault of a person who, at the time of the commission of the offence, was mentally impaired within the meaning of section 5 of the Criminal Law (Sexual Offences) Act 1993,

(b) paragraph 5 of Part 2 (incest by males),

(c) paragraph 6 of Part 2 (incest by females of or over 17 years of age), or

(d) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in subparagraph (a), (b) or (c),

shall not be a sexual offence for the purposes of Part 2 of this Act if -

(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the commission of the offence, 17 years or older, and