Indeed, the mens rea is "the intention to have intercourse with the woman without her consent" (Jamieson v. H.M. Advocate)". Interestingly, the law also states that post-op transexsuals can not be raped nor can they rape. This has it's background in history where it was thought that going off with a female and defiling her was of a greater offence to her husband or father than to the actual female. Indeed, it was stated in a court case that the consequences of rape were "the danger of impregnation - the loss of status, - the taint to her family (Sweenie case)". Though of course this is now outrageous and not supported.
The Macra or Macrae case ruled that penis penetration must occur, even if it is slight.
Barbour v. H.M. Advocate (1982) ruled that oral or anal sex does not qualify as rape. This would be covered under indecent assault legislation.
What legislation is that? I assume it's the law that was passed last year, and comes into force at some point this year though I can't remember what date. I forgot about that until you mentioned it. Haven't done any sort of criminal law in over a year...
