Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p239
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 239/268)
Character Range: 977938–980682

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 is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
threat of force or coercion includes:
 (a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or
 (b) taking advantage of a coercive environment.
 (4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.65  War crime—using protected persons as shields
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses the presence of one or more civilians, prisoners of war, medical or religious personnel or persons who are hors de combat; and
 (b) the perpetrator intends the perpetrator's conduct to render a military objective immune from attack or to shield, favour or impede military operations; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty:
 (a) if the conduct results in the death of any of the persons referred to in paragraph (a)—imprisonment for life; or
 (b) otherwise—imprisonment for 17 years.
 (2) In this section:
religious personnel includes non‑confessional, non‑combatant military personnel carrying out a similar function to religious personnel.

268.66  War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks one or more persons; and
 (b) the person or persons are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator intends the persons so using such an emblem to be the object of the attack; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: