Carnal knowledge is an
archaic or legal
euphemism
A euphemism ( ) is when an expression that could offend or imply something unpleasant is replaced with one that is agreeable or inoffensive. Some euphemisms are intended to amuse, while others use bland, inoffensive terms for concepts that the u ...
for
sexual intercourse
Sexual intercourse (also coitus or copulation) is a sexual activity typically involving the insertion of the Erection, erect male Human penis, penis inside the female vagina and followed by Pelvic thrust, thrusting motions for sexual pleasure ...
. In modern statutes, the term "
sexual penetration
Sexual penetration is the insertion of a body part or other object into a body orifice, such as the mouth, vagina or anus, as part of human sexual activity or sexual behavior in non-human animals.
The term is most commonly used in statute la ...
" is widely used, though with various definitions.
Biblical source
The term derives from ''carnal'', meaning "of the flesh", and the
Biblical
The Bible is a collection of religious texts that are central to Christianity and Judaism, and esteemed in other Abrahamic religions such as Islam. The Bible is an anthology (a compilation of texts of a variety of forms) biblical languages ...
usage of the verb ''know/knew'', a euphemism for sexual conduct.
One examples of this usage is in the first part of the Bible, the
Book of Genesis
The Book of Genesis (from Greek language, Greek ; ; ) is the first book of the Hebrew Bible and the Christian Old Testament. Its Hebrew name is the same as its incipit, first word, (In the beginning (phrase), 'In the beginning'). Genesis purpor ...
, which describes how
Adam and Eve
Adam and Eve, according to the creation myth of the Abrahamic religions, were the first man and woman. They are central to the belief that humanity is in essence a single family, with everyone descended from a single pair of original ancestors. ...
conceived their first child:
Also in Genesis is
Lot's plea to the people of
Sodom to whom he offered his virgin daughters, in place of his guests:
Some translations translate the Hebrew expression more explicitly, undoing the euphemism for clarity to modern readers; for example, the New International Version translates the Hebrew phrase literally meaning "to know" as "to make love to" in Genesis 4:1, and as "to have sex with" in Genesis 19.
Legal usage
In
criminal law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
, the term has had different meanings at different times and in different
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s. While commonly a mere euphemism for sexual intercourse (not necessarily unlawful), different jurisdictions have defined carnal knowledge (as well as sexual intercourse) as a specific sex act such as contact between a
penis
A penis (; : penises or penes) is a sex organ through which male and hermaphrodite animals expel semen during copulation (zoology), copulation, and through which male placental mammals and marsupials also Urination, urinate.
The term ''pen ...
and
vagina
In mammals and other animals, the vagina (: vaginas or vaginae) is the elastic, muscular sex organ, reproductive organ of the female genital tract. In humans, it extends from the vulval vestibule to the cervix (neck of the uterus). The #Vag ...
, some laws elaborating this to include even "slight penile penetration of female
sex organ
A sex organ, also known as a reproductive organ, is a part of an organism that is involved in sexual reproduction. Sex organs constitute the primary sex characteristics of an organism. Sex organs are responsible for producing and transporting ...
s." The definition sometimes includes a set of sex acts that include
sodomy
Sodomy (), also called buggery in British English, principally refers to either anal sex (but occasionally also oral sex) between people, or any Human sexual activity, sexual activity between a human and another animal (Zoophilia, bestiality). I ...
, while some statutes specifically exclude such acts. Some laws do not define the term, and leave it to the courts to give it meaning, which also allows them to take into account changing community standards.
Carnal knowledge has also sometimes meant
sexual intercourse outside of marriage, and sometimes refers to sex with someone under the
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to Human sexual activity, sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is un ...
. The phrase is often found in this sense in modern legal usage, being equivalent to
statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behaviour). Although it usually refers to adults engaging in sex ...
in some jurisdictions, as the term ''
rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
'' implies lack of consent.
England and Wales
Section 18 of 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 that consolidated for England and Wales provisions in the law related to offences against the ...
reads 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.
R v McRue
' (1838) 8 C & P 641;
R v Allen
' (1839) 9 C & P 31
This section was replaced by section 63 of the
Offences against the Person Act 1861
The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of ...
. The term was not used in the
Sexual Offences Act 1956
The Sexual Offences Act 1956 (4 & 5 Eliz. 2. c. 69) is an Act of Parliament, 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 ...
, which replaced it, where it appeared, with the term ''
sexual intercourse
Sexual intercourse (also coitus or copulation) is a sexual activity typically involving the insertion of the Erection, erect male Human penis, penis inside the female vagina and followed by Pelvic thrust, thrusting motions for sexual pleasure ...
'', in all the provisions consolidated by that Act. The current
Sexual Offences Act 2003 goes further and does not refer to "sexual intercourse", instead describing the physical act explicitly in terms of specific body parts where relevant, and referring to "sexual activity" more generally in other cases.
References
Further reading
* ''The F Word'', by Jesse Sheidlower, Random House, 1999, .
External links
Legal definitions of Carnal Knowledge
{{Adam and Eve
Sexual euphemisms
Common law legal terminology
Sexuality and society
Sex laws
Criminal law legal terminology
English legal terminology
Adam and Eve