Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p238
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 238/268)
Character Range: 975400–978137

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.

268.62  War crime—forced pregnancy
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and
 (b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that was effected by deception or by natural, induced or age‑related incapacity.
 (3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.

268.63  War crime—enforced sterilisation
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator deprives one or more persons of biological reproductive capacity; and
 (b) the deprivation is not effected by a birth‑control measure that has a non‑permanent effect in practice; and
 (c) the perpetrator's conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age‑related incapacity.

268.64  War crime—sexual violence
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator does either of the following:
 (i) commits an act or acts of a sexual nature against one or more persons;
 (ii) causes one or more persons to engage in an act or 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's conduct is of a gravity comparable to the offences referred to in sections 268.59 to 268.63; and
 (c) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) Strict liability applies to paragraph (1)(b).
 (3) 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