Alternative verdicts for certain charges of sexual offences
425. Alternative verdicts for certain charges of sexual offences
(1) If on the trial of a person charged with rape the jury are not satisfied
that he or she is guilty of rape or of an attempt to commit rape but are
satisfied that he or she is guilty of-
(a) assault with intent to commit rape; or
(b) an offence against section 39 (indecent assault); or
(c) assault with intent to commit an offence against section 45(1) (sexual
penetration of child under the age of 16); or
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(e) an offence against section 47(1) (indecent act with child under the
age of 16); or
(f) an offence against section 18 (causing injury intentionally or
recklessly)-
the jury may acquit the accused of rape and find him or her guilty of
whichever of those offences they are satisfied he or she is guilty and he or
she is liable to punishment accordingly.
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(3) If on the trial of a person charged with an offence against section 44 or
45(1) the jury are not satisfied that he or she is guilty of the offence
charged or of an attempt to commit the offence charged but are satisfied that
he or she is guilty of-
(a) assault with intent to commit the offence charged; or
(b) an offence against section 47(1) (indecent act with child under the
age of 16); or
(c) an offence against section 18 (causing injury intentionally or
recklessly)-
the jury may acquit the accused of the offence charged and find him or her
guilty of whichever of those offences they are satisfied that he or she is
guilty and he or she is liable to punishment accordingly.
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Victorian Consolidated Legislation