If the evidence on a charge of unlawful carnal intercourse or attempted unlawful carnal intercourse with another person in contravention of any statute does not prove that offence but—
| (a) | the offence of sexual assault, compelled sexual assault or compelled self-sexual as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; |
| (b) | the offence of common assault; or |
| (c) | the statutory offence of— |
| (i) | committing an immoral or indecent act with such other person; |
| (ii) | soliciting, enticing or importuning such other person to have unlawful carnal intercourse; |
| (iii) | soliciting, enticing or importuning such other person to commit an immoral or indecent act; or |
| (iv) | conspiring with such other person to have unlawful carnal intercourse, |
the accused may be found guilty of the offence so proved.
[Section 268 substituted by section 68 of Act No. 32 of 2007]
