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 F2[ section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006], or under section 3 of the Criminal Law Amendment Act, 1885, be found guilty of an offence under F1[the said section 3 or section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006] 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 F2[section 2 of the Criminal Law (Sexual Offences) Act 2006], 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 F2[section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006], 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 F2[the said section 3 or section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006] or of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.