CRIMINAL CODE 1899 - SECT 578 Charge of offence of a sexual nature

CRIMINAL CODE 1899 - SECT 578

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.