(1) mentally incapable; or
(2) married to the person and neither party has filed with the court for a separation, divorce, or dissolution of the marriage.
(b) Except as provided in (a) of this section, in a prosecution under AS 11.41.410 or 11.41.420 , it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.
(c) It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or 11.41.427(a)(4) that the offender and the person on probation or parole had, before the person was placed on probation or parole, a dating relationship or a sexual relationship, and the relationship continued until the date of the alleged offense.
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