| (1) |
If the evidence on a charge of rape or compelled rape, as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or any attempt to commit any of those offences, does not prove any such offence or an attempt to commit any such offence, but the offence of— |
| (a) |
assault with intent to do grievous bodily harm; |
| (c) |
sexual assault as contemplated in section 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; |
| (d) |
compelled sexual assault as contemplated in section 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; |
| (e) |
compelled self-sexual assault as contemplated in section 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; |
| (f) |
incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; |
| (g) |
having committed an act of consensual sexual penetration with a child as contemplated in section 15 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or |
| (h) |
having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and |
Related Matters) Amendment Act, 2007,
the accused may be found guilty of the offence so proved.
| (2) |
If the evidence on a charge of sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, does not prove any such offence but the offence of— |
| (b) |
having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, |
the accused may be found guilty of the offence so proved.
[Section 261 substituted by section 68 of Act No. 32 of 2007
Statistics Act, 1999
