Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p4
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 4/48)
Character Range: 11100–13962

against the person or persons or against another person; or
 (b) by taking advantage of a coercive environment.

268.12  Crime against humanity—imprisonment or other severe deprivation of physical liberty

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator imprisons one or more persons or otherwise severely deprives one or more persons of physical liberty; and
 (b) the perpetrator's conduct violates article 9, 14 or 15 of the Covenant; and
 (c) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 17 years.

 (2) Strict liability applies to paragraph (1)(b).

268.13  Crime against humanity—torture

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the custody or under the control of the perpetrator; and
 (b) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions; and
 (c) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 25 years.

268.14  Crime against humanity—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 is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

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 is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

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