Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/59

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116 No. 30599
Government Gazette, 14 December 2007

Act No. 32, 2007
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
No. and year of law Short title Extent of repeal or amendment

proved.

(2) If the evidence on a charge of sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, does not prove any such offence but the offence of—

(a)

common assault;

(b)

having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,

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


14. The amendment of section 266 by the substitution for paragraph (b) of the following paragraph:

(b) [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or”.


15. The amendment of section 267 by the substitution for that section of the following section:

Common assault

267. If the evidence on a charge of common assault proves the offence of [indecent assault] sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, the accused may be found guilty of [indecent assault] any such offence, or, if the evidence on such a charge does not prove the offence of common assault but the offence of pointing a fire-arm, air-gun or air-pistol in contravention of any law, the accused may be found guilty of that offence.”.


16. The amendment of section 268 by the substitution for that section of the following section:

Statutory unlawful carnal intercourse

268. If the evidence on a charge of unlawful carnal intercourse or attempted unlawful carnal intercourse with another person in contravention of