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    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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