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CRIMINAL CODE 1899 - SECT 578
Charge of offence of a sexual nature
578 Charge of offence of a sexual nature
(1) Upon an indictment charging a person with the crime of rape, the person
may be convicted of any offence, if established by the evidence, defined in
section 210 (1) , 215 , 216 , 217 (1) , 218 , 222 or 352 .
(2) Upon an
indictment charging a person with engaging in unlawful penile intercourse with
a child under the age of 16 years, the person may be convicted of any offence,
if established by the evidence, defined in section 210 (1) , 217 or 218 .
(3)
Upon an indictment charging a person with unlawfully and indecently assaulting
another, the person may be convicted of any offence, if established by the
evidence, defined in section 210 (1) .
(4) Upon an indictment charging a
person with incest or an attempt to commit incest, the person may be convicted
of any offence, if established by the evidence, defined in section 210 (1) ,
215 , 216 , 217 , 218 , 349 , 350 or 352 .
(5) A person convicted of any
offence pursuant to this section may be convicted of that offence with any
circumstance of aggravation established by the evidence.
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