(1) A person who has sexual intercourse with another who is under the age of 12 years, whether or not the other person consented and whether or not the first-mentioned person believes that the other person is 12 years of age or more, commits an offence and is liable on conviction on indictment to imprisonment for life.
(2) If a marriage is declared invalid by a Court of competent jurisdiction the invalidity does not make a person guilty of an offence under this section because that person has sexual intercourse with a person who he or she believes to be his or her spouse, and has reasonable cause for the belief.