Carnal knowledge
Encyclopedia
Carnal knowledge is an archaic
or legal euphemism
for sexual intercourse
. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct. "And Adam knew Eve his wife; and she conceived, and bore Cain, and said, I have gotten a man from the LORD." - Genesis 4:1.
, the phrase has had different meanings at different times and in different jurisdiction
s. While commonly a mere euphemism for sexual intercourse
(not necessarily unlawful), different jurisdictions have defined carnal knowledge as a specific sex act such as contact between a penis
and vagina
, some laws elaborating this to include even "slight penile penetration of female sex organ
s". The definition sometimes includes a set of sex acts that include sodomy
and/or oral sex
, while some statutes specifically exclude such acts.
Carnal knowledge has also sometimes meant sexual intercourse outside of marriage
, and sometimes refers to sex with someone under the age of consent
. The phrase is often found in this sense in modern legal usage, being equivalent to statutory rape
in some jurisdictions, as the term "rape
" implies lack of consent.
read as follows:
The crimes of carnally abusing girls referred to were those created by section 17 of the Act.
In cases decided under this section it was held that the slightest penetration was sufficient.
This section was replaced by section 63 of the Offences against the Person Act 1861
. The term was not used in the Sexual Offences Act 1956
, which replaced it, where it appeared, with the term "sexual intercourse", in all the provisions consolidated by that Act.
Archaism
In language, an archaism is the use of a form of speech or writing that is no longer current. This can either be done deliberately or as part of a specific jargon or formula...
or legal euphemism
Euphemism
A euphemism is the substitution of a mild, inoffensive, relatively uncontroversial phrase for another more frank expression that might offend or otherwise suggest something unpleasant to the audience...
for sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct. "And Adam knew Eve his wife; and she conceived, and bore Cain, and said, I have gotten a man from the LORD." - Genesis 4:1.
Meaning
In criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, the phrase has had different meanings at different times and in different jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s. While commonly a mere euphemism for sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
(not necessarily unlawful), different jurisdictions have defined carnal knowledge as a specific sex act such as contact between a penis
Penis
The penis is a biological feature of male animals including both vertebrates and invertebrates...
and vagina
Vagina
The vagina is a fibromuscular tubular tract leading from the uterus to the exterior of the body in female placental mammals and marsupials, or to the cloaca in female birds, monotremes, and some reptiles. Female insects and other invertebrates also have a vagina, which is the terminal part of the...
, some laws elaborating this to include even "slight penile penetration of female sex organ
Sex organ
A sex organ, or primary sexual characteristic, as narrowly defined, is any of the anatomical parts of the body which are involved in sexual reproduction and constitute the reproductive system in a complex organism; flowers are the reproductive organs of flowering plants, cones are the reproductive...
s". The definition sometimes includes a set of sex acts that include sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
and/or oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
, while some statutes specifically exclude such acts.
Carnal knowledge has also sometimes meant sexual intercourse outside of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, and sometimes refers to sex with someone under the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
. The phrase is often found in this sense in modern legal usage, being equivalent to statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
in some jurisdictions, as the term "rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
" implies lack of consent.
England and Wales
Section 18 of the Offences against the Person Act 1828Offences Against the Person Act 1828
The Offences against the Person Act 1828 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
read as follows:
The crimes of carnally abusing girls referred to were those created by section 17 of the Act.
In cases decided under this section it was held that the slightest penetration was sufficient.
This section was replaced by section 63 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
. The term was not used in the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 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 by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...
, which replaced it, where it appeared, with the term "sexual intercourse", in all the provisions consolidated by that Act.