This is the original version (as it was originally enacted).
Where, on the trial of any offence under this Act, it is necessary to prove sexual intercourse (whether natural or unnatural), it shall not be necessary to prove the completion of the intercourse by the emission of seed, but the intercourse shall be deemed complete upon proof of penetration only.
(1)In this Act, " defective " means a person—
(a)in whose case there exists mental defectiveness which is of such a degree that he requires care, supervision and control for his own protection or for the protection of others or, in the case of a child, involves disability of mind of such a nature and extent as to make him, for the purposes of section fifty-seven of the Education Act, 1944, incapable of receiving education at school; or
(b)in whose case there exists mental defectiveness coupled with strongly vicious or criminal propensities and who requires care, supervision and control for the protection of others.
(2)For the purposes of this section, " mental defectiveness " means a condition of arrested or incomplete development of mind existing before the age of eighteen, whether arising from inherent causes or induced by disease or injury.
The use in any provision of this Act of the word " man " without the addition of the word " boy ", or vice versa, shall not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words " woman " and " girl".
Where in any of the foregoing sections the description of an offence is expressed to be subject to exceptions mentioned in the section, proof of the exception is to lie on the person relying on it.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
