The expression sexual intercourse has been used as a legal term of art in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

. From its enactment to its repeal on the 1 May 2004, section 44 of the

Sexual Offences Act 1956 The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 May 2004) by the Sex ...

read: Unnatural This expression referred to buggery (including both buggery with a person and buggery with an animal). Penetration According to cases decided on the meaning of the statutory definition of

carnal knowledge Carnal knowledge is an archaic or legal euphemism for sexual intercourse. In modern statutes, the term " sexual penetration" is widely used, though with various definitions. Biblical source The term derives from ''carnal'', meaning "of the fles ...

under the

Offences against the Person Act 1828 The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...

, which was in identical terms to this definition, the slightest penetration was sufficient. The book "Archbold" said that it "submitted" that this continued to be the law under the new enactment. See also R v Hughes (1841) 9 C & P 752, (1841) 2 Mood CC 190 and R v Lines (1844) 1 Car & Kir 393. Continuing act See Kaitamaki v R

985 Year 985 ( CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theoph ...

AC 147,

984 Year 984 ( CMLXXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – German boy-king Otto III (4-years old) is seized by the deposed Henry II ...

3 WLR 137,

2 All ER 435, 79 Cr App R 251,

Crim LR 564, PC (decided under equivalent legislation in New Zealand). Other definitions Section 7(2) of the

Sexual Offences (Amendment) Act 1976 The Sexual Offences (Amendment) Act 1976 (c 82) is an Act of the Parliament of the United Kingdom. It made provision in relation to rape and related offences. Except for subsections (1) and (2) and (4) and (6) of section 7, the whole Act is repe ...

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 (under which such intercourse is deemed complete on proof of penetration only)". 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(2)(a) of the Sexual Offences Act 1956 (as substituted by section 142 of the

Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed r ...

) referred to "sexual intercourse with a person (whether vaginal or anal)". This section created the offence of

rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...

in England and Wales. Unlawful sexual intercourse In R v Chapman, the court considered section 19 of the Sexual Offences Act 1956 and held that sexual intercourse was "unlawful" if it was extra-marital. Consortium Sexual intercourse is an incident of consortium. Human rights Article 12 of the

Convention for the Protection of Human Rights and Fundamental Freedoms The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by th ...

does not confer on prisoners a right to conjugal relations whilst in prison.X v United Kingdom Appl 6564/74 (1975); D and R2 (1975)

References

*Card, Richard. Card, Cross and Jones: Criminal Law. 12th ed. Butterworths. 1992. Paras 12.2 and 12.9. *Barnett, Hilaire. Constitutional and Administrative Law. Second Edition. Cavendish. 1998. Page 829. {{Reflist English law