Sexual intercourse in English law
The expression "sexual intercourse" has been used as a legal term of art in England and Wales.
Definition
From its enactment to its repeal on the 1 May 2004, section 44 of the Sexual Offences Act 1956 read:This replaced section 63 of the Offences against the Person Act 1861 with almost identical wording, only replacing "carnal knowledge" with "sexual intercourse".
The 1956 Act was replaced with the Sexual Offences Act 2003 which generally does not refer to sexual intercourse, preferring more precise definitions. In particular rape and assault by penetration require 'penetration', whereas most other sexual offences require some degree of 'sexual' touching or other specified activity. The 1956 Act remains in force in relation to acts committed before the 2003 Act came into force.
"Unnatural"
This expression referred to buggery."Penetration"
According to cases decided on the meaning of the statutory definition of 'carnal knowledge' under the Offences against the Person Act 1828, which was in identical terms to this definition, the slightest penetration was sufficient. Archbold said that it "submitted" that this continued to be the law under the new enactment.See also R v Hughes 9 C & P 752, 2 Mood CC 190 and R v Lines 1 Car & Kir 393.
"Continuing act"
See Kaitamaki v R AC 147, 3 WLR 137, 2 All ER 435, 79 Cr App R 251, Crim LR 564, PC.Other definitions
Section 7 of the Sexual Offences (Amendment) Act 1976 contained the following words: "In this Act... references to sexual intercourse shall be construed in accordance with section 44 of the Sexual Offences Act 1956 so far as it relates to natural intercourse ". The Act made provision, in relation to rape and related offences, for England and Wales, and for courts-martial elsewhere.From 3 November 1994 to 1 May 2004, section 1 of the Sexual Offences Act 1956 referred to "sexual intercourse with a person ". This section created the offence of rape in England and Wales.