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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 26 : Competent Verdicts

268. Statutory unlawful carnal intercourse

 

If the evidence on a charge of unlawful carnal intercourse or attempted unlawful carnal intercourse with another person in contravention of any statute does not prove that offence but—

(a) the offence of sexual assault, compelled sexual assault or compelled self-sexual as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;
(b) the offence of common assault; or
(c) the statutory offence of—
(i) committing an immoral or indecent act with such other person;
(ii) soliciting, enticing or importuning such other person to have unlawful carnal intercourse;
(iii) soliciting, enticing or importuning such other person to commit an immoral or indecent act; or
(iv) conspiring with such other person to have unlawful carnal intercourse,

the accused may be found guilty of the offence so proved.

 

[Section 268 substituted by section 68 of Act No. 32 of 2007]