Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p5
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 5/48)
Character Range: 13725–16401

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 thought to whether or not the person is consenting to sexual penetration.

 (6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

268.15  Crime against humanity—sexual slavery

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes another person to enter into or remain in sexual slavery; and
 (b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; 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) For the 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:

sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.

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.

268.16  Crime against humanity—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