ABSTRACT
The statutory definition of rape in the Sexual Offences Act 1956 used the phrase unlawful sexual intercourse. It was initially held that unlawful referred to sexual intercourse outside marriage. The Sexual Offences Act 2003 creates a new offence of assault by penetration which is committed if the defendant intentionally penetrates the vagina or anus of another person with a part of his body or anything else. The Sexual Offences Act 2003 replaces the previous offence of incest with new offences of sexual activity with a child family member. Sexual Offences Act 2003 states that penetration, touching or any other activity is sexual if a reasonable person would consider that whatever its circumstances or any persons purpose in relation to it, it is because of its nature sexual, or because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
