KembaraXtra - Legal Terms - Sexual Intercourse

In criminal law, sexual intercourse traditionally refers to the penetration of the vagina by the penis.

The modern legal definition was confirmed in Kaitamaki v R [1984] 2 All ER 435 (PC), where the Privy Council held that penetration constitutes sexual intercourse even if intercourse continues after consent has been withdrawn.

For offences involving sexual intercourse:

• only slight penetration is required;
• rupture of the hymen is unnecessary; and
• ejaculation is not required.

These principles were established in R v Hughes (1841) 9 C & P 752.

Historically, many sexual offences were defined by reference to sexual intercourse. The Sexual Offences Act 2003 now uses broader concepts such as penetration and sexual touching, but the traditional definition remains relevant in certain legal contexts.