Criminal Law (Rape) (Amendment) Act, 1990

Alternative verdicts.

8.—(1) A person indicted for rape may, if the evidence does not warrant a conviction for rape but warrants a conviction for rape under section 4 or aggravated sexual assault or sexual assault, be found guilty of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.

(2) A person indicted for rape may, if the evidence does not warrant a conviction for rape but warrants a conviction for an offence under section 1 or 2 of the Criminal Law Amendment Act, 1935 , or under section 3 of the Criminal Law Amendment Act, 1885 , be found guilty of an offence under the said section 1, 2 or 3, as may be appropriate.

(3) A person indicted for rape under section 4 may, if the evidence does not warrant a conviction for rape under section 4 but warrants a conviction for aggravated sexual assault or for sexual assault, be found guilty of aggravated sexual assault or of sexual assault, as may be appropriate.

(4) A person indicted for aggravated sexual assault may, if the evidence does not warrant a conviction for aggravated sexual assault but warrants a conviction for sexual assault, be found guilty of sexual assault.

(5) A person indicted for an offence made felony by section 1 of the Criminal Law Amendment Act, 1935 , may, if the evidence does not warrant a conviction for the felony or an attempt to commit the felony but warrants a conviction for an offence under section 2 of the Criminal Law Amendment Act, 1935 , or section 3 of the Criminal Law Amendment Act, 1885 , or rape under section 4 or aggravated sexual assault or sexual assault, be found guilty of an offence under the said section 2 or 3 or of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.