Reckless sex

Ignorance of the law is no defence in court. It doesn't matter if you were not aware that something was illegal, if you did it, you're going down. So my question is, how well do you know the Sexual Offences Act 2003?

The Sexual Offences Act 2003 was the most comprehensive legislative reform in the area of sexuality for over 100 years. Existing legislation was updated or in some cases revoked, new offences were added. For example: bestiality and necrophilia become specific offences for the first time; some homosexual offences have been repealed, so that there is now no legal distinction between homosexual and heterosexual acts. (Note: lesbianism has never been illegal in England; the Criminal Law Amendment Act of 1885 aimed to criminalise homosexual and lesbian conduct, but Queen Victoria crossed out all references to lesbianism, stating "Female homosexuality does not exist.")

There are some passages in the Act that caught my eye, made me chuckle, caused me to think... For example:

69 Intercourse with an animal

(1) A person commits an offence if-
(a) he intentionally performs an act of penetration with his penis,
(b) what is penetrated is the vagina or anus of a living animal, and
(c) he knows that, or is reckless as to whether, that is what is penetrated.

(2) A person (A) commits an offence if-
(a) A intentionally causes, or allows, A's vagina or anus to be penetrated,
(b) the penetration is by the penis of a living animal, and
(c) A knows that, or is reckless as to whether, that is what A is being penetrated by.

Now, I am not a legal expert, but generally that seems quite clear. An offence is committed if a man penetrates an animal or a man or woman allows himself or herself to be penetrated by an animal. What puzzles me is the phrase "or is reckless as to whether". Huh??? What situation is that supposed to cover?

"Well, Officer, my friends had set me up with a date who they said was a stallion in bed, and because I'd had a few too many Bacardi Breezers I didn't notice he had four hooves and a tail..."

"It was like this, Officer. I was at a barbecue party. She came over to me wearing a fleece, and asked if I'd got any grass and started making sheeps-eyes at me and one thing led to another..."

Or perhaps it is a warning not to run naked around the chicken-yard sporting an erection, in case you stumble and a chicken breaks your fall? I don't know if there have been any prosecutions under this particular section of the law.

It appears that only anal or vaginal penetration is illegal - which is why celebrity Rebecca Loos could not be prosecuted when she masturbated a boar on reality TV show The Farm in October 2004 (http://www.guardian.co.uk/media/2004/oct/06/realitytv.broadcasting).

Oh, by the way, in the above extract from the Act "69" honestly is the section number.