Div 14Procedure in sexual offences

Division 14—Procedure in sexual offences 72A—Former time limit abolished Any immunity from prosecution arising because of the time limit imposed by the former section 76A1 is abolished. 1 Repealed by section 5 of the Criminal Law Consolidation Act Amendment Act 1985. 73—Proof of certain matters (1) For the purposes of this Act, sexual intercourse is sufficiently proved by proof of penetration. (2) No person shall, by reason of his age, be presumed incapable of sexual intercourse. (2a) Subsection (2) applies to proceedings for an offence regardless of whether the offence was allegedly committed before or after the commencement of that subsection. (3) No person shall, by reason only of the fact that he is married to some other person, be presumed to have consented to sexual intercourse with that other person. (4) No person shall, by reason only of the fact that he is married to some other person, be presumed to have consented to an indecent assault by that other person. 75—Alternative verdict on charge of rape etc 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— (a) is not satisfied that the accused is guilty of the offence charged; but (b) 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. 76—Corroborative evidence in certain cases No person shall be convicted of an offence under section 67 or 68 on the evidence of one witness only unless the evidence of the witness is corroborated in some material particular by evidence implicating the accused.