Crimes Act 1958
425Alternative verdicts for certain sexual offences
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425 Alternative verdicts for certain sexual offences
(1) On the trial of a person charged with an offence against a provision specified in column 2 of an item in the Table, if the jury are not satisfied that the person is guilty of the offence charged or of an attempt to commit the offence charged but are satisfied that the person is guilty of an offence against a provision specified in column 3 of that item (an alternative offence), the jury may acquit the person of the offence charged and find the person guilty of the alternative offence and the person is liable to punishment accordingly.
Table
| Column 1 Item No. | Column 2 Offence charged | Column 3 Alternative offence |
|---|---|---|
| 1 | Section 38(1) (rape) | Section 40(1) (sexual assault)<br>Section 42(1) (assault with intent to commit a sexual offence) |
| 2 | Section 39(1) (rape by compelling sexual penetration) | Section 41(1) (sexual assault by compelling sexual touching)<br>Section 42(1) (assault with intent to commit a sexual offence) |
| 3 | Section 49A(1) (sexual penetration of a child under the age of 12) | Section 42(1) (assault with intent to commit a sexual offence)<br>Section 49B(1) (sexual penetration of a child under the age of 16)<br>Section 49D(1) (sexual assault of a child under the age of 16) |
| 4 | Section 49B(1) (sexual penetration of a child under the age of 16) | Section 42(1) (assault with intent to commit a sexual offence)<br>Section 49D(1) (sexual assault of a child under the age of 16) |
| 5 | Section 50C(1) (sexual penetration of a child or lineal descendant) | Section 42(1) (assault with intent to commit a sexual offence)<br>Section 49D(1) (sexual assault of a child under the age of 16)<br>Section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority) |
| 6 | Section 50D(1) (sexual penetration of a step-child) | Section 42(1) (assault with intent to commit a sexual offence)<br>Section 49D(1) (sexual assault of a child under the age of 16)<br>Section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority) |
(2) On the trial of a person charged with an offence against section 49C(1) (sexual penetration of a child aged 16 or 17 under care, supervision or authority), if the jury are not satisfied that the person is guilty of the offence charged or of an attempt to commit the offence charged but are satisfied that the person is guilty of—