Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p237
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 237/268)
Character Range: 973001–975613

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:
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.

268.61  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 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 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.
 (3) 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.

268.62  War crime—forced pregnancy
 (1) A person