Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p33
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 33/48)
Character Range: 85045–87734

the perpetrator appropriates certain property; and
 (b) the perpetrator intends to deprive the owner of the property and to appropriate it for private or personal use; and
 (c) the appropriation is without the consent of the owner; and
 (d) 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 20 years.

268.82  War crime—rape

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator sexually penetrates another person without the consent of that person; and
 (b) the perpetrator knows of, or is reckless as to, the lack of consent; 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) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and
 (b) the perpetrator knows of, or is reckless as to, the lack of consent; 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.

 (3) In this section:

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.

 (4) In this section:

sexually penetrate means:
 (a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or
 (b) penetrate (to any extent) the mouth of 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