Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p34
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 34/48)
Character Range: 87511–90145

a person by the penis of another person; or
 (c) continue to sexually penetrate as defined in paragraph (a) or (b).

 (5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.

 (6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

268.83  War crime—sexual slavery

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes another person to enter into or remain in sexual slavery; and
 (b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.

 (2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:
 (a) is not free to cease providing sexual services; or
 (b) is not free to leave the place or area where the person provides sexual services.

 (3) In this section:

sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.

threat means:
 (a) a threat of force; or
 (b) a threat to cause a person's deportation; or
 (c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.

268.84  War crime—enforced prostitution

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and
 (b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.

 (2) In subsection (1):

consent means free and voluntary agreement.

The following are examples of circumstances in which a person does not consent to an act:

(a) the person submits to the act because of force or the fear of force to the person or to someone else;

(b) the person submits to the act because the person