Alternative verdicts in sexual assault cases
Alternative verdict on a charge of rape, unlawful sexual intercourse or compelled sexual manipulation
If on a trial for rape, compelled sexual manipulation or unlawful sexual intercourse or an attempt to commit rape, compelled sexual manipulation or unlawful sexual intercourse the jury:
- is not satisfied that the accused is guilty of the offence charged; but
- is satisfied that the accused is guilty of an indecent assault or a common assault, or an attempt to commit indecent assault or a common assault (the 'lesser offence'),
the jury must find the accused not guilty of the offence charged, but may find the accused guilty of the lesser offence.
[Criminal Law Consolidation Act 1935 (SA) s 75]
Alternative verdicts in sexual assault cases : Last Revised: Fri Sep 5th 2014
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