Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p21
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 21/48)
Character Range: 54738–57540

and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

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

268.58  War crime—outrages upon personal dignity

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons; and
 (b) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of the body or bodies of one or more dead persons; and
 (b) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

268.59  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 about, 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 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 about, 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 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